Quote:
Originally Posted by kane
I have said for a while that this case, if it ever gets to a verdict, could fundamentally change the internet. If it is found that Youtube has manipulated content before it has gotten posted then it could invalidate their DMCA protection. If that happens Viacom will likely win its case and win a huge settlement. If that happens then any other company that has had content on Youtube could and probably would jump in and sue and we will see an enormous change to how Youtube works. We might even see it shut down. If that happens you know many of the other video sites out there will shut down just out of fear.
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viacom position is that any clip featuring their content no matter how much commentary, parody or other fair use, is still an infringement. (see the number of false takedown request they filed against youtube)
proving an employee uploaded the content, is a liability automagically for youtube unless you can prove that management authorized it.
conversely if viacom employee uploaded clips, youtube can claim "how can we tell the difference between those uploaded by joe blow 13 who happens to be an employee of viacom and joe blow 23 who isn't"