A Brief Guide to Online Video Lawsuits
Following the recent news that Fox subpoenaed YouTube to identify a user uploading copyrighted content, I thought it'd be useful to collate info about litigation against the major video-sharing sites. Below, details on lawsuits and subpoenas against Veoh, Bolt, Grouper, YouTube, Google Video and MySpace.
IO Group Inc. v. Veoh
Titan Media, an adult video company owned by Io Group, filed suit against P2P video site Veoh in June 2006, alleging that Veoh knowingly allows infringing works on its site and profits from the distribution of those works. Veoh is a P2P-powered site with a substantial investment from Time Warner. Michael Eisner, late of Disney, has also invested in the site. United Talent Agency recently partnered with Veoh.
| Filed | 6/23/2006 | |
| Court | California northern district federal court (San Jose) | |
| Reason | Copyright infringement, contributory copyright infringement, vicarious copyright infringement |
|
| Response | Veoh denies the allegations | |
| Next Steps | Settlement conference February 12. Jury trial is currently set for September 24. |
Bolt and Grouper
Universal Music Group's lawsuits against Bolt.com and Grouper were the first (and currently only) lawsuits from a major media corporation against video-sharing sites. There has been much speculation about why UMG decided to sue two smaller sites after making content deals with YouTube, with some observers suggesting that UMG CEO Doug Morris is taking advantage of YouTube's distribution while trying to gain an advantageous court decision from a lawsuit against smaller companies.
| Filed | 10/16/2006 | |
| Court | California central district federal court (Los Angeles) | |
| Reason | Copyright infringement | |
| Response | Unknown | |
| Next Steps | Scheduling conference set for Grouper set February 5th. Scheduling conference for Bolt set March 5th. |
YouTube
Update March 13, 2007: Viacom filed a lawsuit against Google and YouTube in New York federal district court, alleging both companies contributed to their users' infringing activities. Viacom also alleges direct copyright infringement through public performance, public display (of thumbnails), inducement of copyright infringement, and reproduction.
Viacom v. YouTube, Google
| Filed | 3/12/2006 | |
| Court | New York southern district federal court |
|
| Reason | Direct copyright infringement through public performance, public display, reproduction, and inducement and contributory copyright infringement | |
| Response | YouTube and Google have not yet responded. | |
| Next Steps | None yet. |
Prior to this lawsuit, YouTube had been sued twice and received two subpoenas in federal court. The first legal action against the site was taken by Paramount in May 2006. The court issued a subpoena against YouTube, wherein Paramount requested -- and YouTube revealed -- the identities of users who were uploading copyrighted material. Paramount sued the identified user, New York filmaker Chris Moukarbel, in federal court. That case was voluntarily dismissed with prejudice by both parties in August after Moukarbel admitted copyright infringement.
Last month, Twentieth Century Fox subpoenaed YouTube to reveal the identity of a user known as ECOtotal who had uploaded full episodes of "24" and "The Simpsons." It is not yet known if Fox has pursued legal action against the user.
YouTube has also been sued twice. The first lawsuit was filed by Los Angeles video journalist Robert Tur in July 2006. Tur alleges that YouTube infringed on his copyrights when his video of Reginald Denny's beating during the LA riots was posted to YouTube and viewed over 1,000 times.
Robert Tur v. YouTube
| Filed | 7/14/2006 | |
| Court | California western district federal court (Los Angeles) | |
| Reason | Copyright infringement | |
| Response | YouTube denies the allegations | |
| Next Steps | The next hearing is set for February 26. |
The second lawsuit against YouTube comes from Universal Tube and
Rollform Equipment Corporation, which alleges that YouTube is
infringing on its trademark ("Utube") and is sending nuisance traffic
to its Web site, utube.com. In an amended complaint filed December 27,
2006, Universal Tube also accuses YouTube's co-founders of
racketeering, alleging that they knowingly preside over the
distribution of copyrighted works. A case management conference is
scheduled for March 5th.
Universal Tube & Rollform Equipment Corporation v. YouTube, Inc.
| Filed | 10/30/2006 | |
| Court | Northern district of Ohio (Toledo) |
|
| Reason | unfair competition, trademark dilution, trespass, nuisance, negligence, racketeering and deceptive trade practices | |
| Response | Veoh denies the allegations | |
| Next Steps | A case management conference is scheduled for March 5th, 2007. A trial date is scheduled for September 24, 2007. |
Google
Google Video has not escaped scrutiny. Google is a party to Viacom's suit against YouTube (above). Google has also recently received a subpoena from Mark Cuban's Magnolia Pictures (the film company's second such filing).
Dallas federal court issued a previous subpoena in October 2006 on behalf of Magnolia Pictures, which alleged that Google Video was hosting a complete version of "Enron: The Smartest Guys in the Room."
In December 2006, video on demand (VOD) pioneer Intertainer sued Google (along with Apple and Napster), alleging Google Video infringed on their patent for "managing, distributing, and/or retailing digital media assets." Google recently filed an extension for time to answer the complaint.
In a quarterly report filed with the SEC in November 2006, Google warned that copyright claims against YouTube and its other sites could force the company to alter its business plan.
MySpace
MySpace is by far the most litigious and litigated-against video-sharing site. UMG sued the site in November 2007, one month after it sued Bolt and Grouper, after MySpace began allowing users to upload their own videos. Some observers believe the lawsuit helps YouTube, since UMG made a content deal with that site before it was bought by Google. UMG v. MySpace is presided over by Judge Howard Matz, who is also presideing over the Bol and Grouper cases.
| Filed | 11/17/2006 | |
| Court | California central district federal court (Los Angeles) | |
| Reason | Copyright infringement | |
| Response | Unknown, though it's fair to say News Corp will defend against this lawsuit vigorously. | |
| Next Steps | No case schedule has been made available. |
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