Orthodox Development
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Copyrighted material YouTube has been criticized for failing to ensure that its videos respect the law of copyright. At the time of uploading a video, YouTube users are always shown a screen with the following message: Do not upload any TV shows, music videos, music concerts or commercials without permission unless they consist entirely of content you created yourself. The Copyright Tips page and the Community Guidelines can help you determine whether your video infringes someone else's copyright.[37] Despite this advice, there are still many unauthorized clips from television shows, films and music videos on YouTube. YouTube does not view videos before they are posted online, and it is left to copyright holders to issue a takedown notice under the terms of the Digital Millennium Copyright Act. Organizations including Viacom, Mediaset and the English Premier League have filed lawsuits against YouTube, claiming that it has done too little to prevent the uploading of copyrighted material.[38][39][40] Viacom, demanding US$1 billion in damages, said that it had found more than 150,000 unauthorized clips of its material on YouTube that had been viewed "an astounding 1.5 billion times". YouTube responded by stating that it "goes far beyond its legal obligations in assisting content owners to protect their works". Since Viacom filed its lawsuit, YouTube has introduced a system called Video ID, which checks uploaded videos against a database of copyrighted content with the aim of reducing violations.[41][42] On June 23, 2010, Viacom's lawsuit against Google was rejected in a summary judgment, with Judge Louis Stanton stating that Google was protected by provisions of the Digital Millennium Copyright Act. Viacom announced its intention to appeal against the ruling.[43] In August 2008, a U.S. court ruled in Lenz v. Universal Music Corp. that copyright holders cannot order the removal of an online file without first determining whether the posting reflected fair use of the material. The case involved Stephanie Lenz from Gallitzin, Pennsylvania, who had made a home video of her 13-month-old son dancing to Prince's song "Let's Go Crazy" and posted the 29-second video on YouTube.[44] [edit]Privacy In July 2008, Viacom won a court ruling requiring YouTube to hand over data detailing the viewing habits of every user who has watched videos on the site. The move led to concerns that the viewing habits of individual users could be identified through a combination of their IP addresses and login names. The decision was criticized by the Electronic Frontier Foundation, which called the court ruling "a set-back to privacy rights".[45] U.S. District Court Judge Louis Stanton dismissed the privacy concerns as "speculative", and ordered YouTube to hand over documents totalling around 12 terabytes of data. Judge Stanton rejected Viacom's request for YouTube to hand over the source code of its search engine system, saying that there was no evidence that YouTube treated videos infringing copyright differently.[46][47] [edit]Controversial content YouTube has also faced criticism over the offensive content in some of its videos. The uploading of videos containing defamation, pornography and material encouraging criminal conduct is prohibited by YouTube's terms of service.[48] Controversial areas for videos have included Holocaust denial and the Hillsborough Disaster, in which 96 football fans from Liverpool were crushed to death in 1989, conspiracy theories and religion.[49][50] YouTube relies on its users to flag the content of videos as inappropriate, and a YouTube employee will view a flagged video to determine whether it violates the site's terms of service.[48] In July 2008 the Culture and Media Committee of the House of Commons of the United Kingdom stated that it was "unimpressed" with YouTube's system for policing its videos, and argued that "Proactive review of content should be standard practice for sites hosting user generated content." YouTube responded by stating: "We have strict rules on what's allowed, and a system that enables anyone who sees inappropriate content to report it to our 24/7 review team and have it dealt with promptly. We educate our community on the rules and include a direct link from every YouTube page to make this process as easy as possible for our users. Given the volume of content uploaded on our site, we think this is by far the most effective way to make sure that the tiny minority of videos that break the rules come down quickly."[51] [edit]