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Why Viacom Likely Wins Viacom-Google Copyright Appeal

Viacom is likely to ultimately prevail in its appeal of the lower Court decision in the seminal Viacom vs. Google-YouTube copyright infringement case.

  • If one only reads either the lower court's decision or the press reports of it, without considering likely appellate arguments and the broader constitutional context of copyright protection, it is easy to missread the likely ultimate outcome here. 
  • Both sides agreed to an expedited summary judgment process in the lower court, because both sides fully expected this case to ultimately be decided at the appellate level, and most likely by the U.S. Supreme Court.
  • Expect the Second Circuit Court of Appeals in New York to decide Viacom's appeal in 2011 and the Supreme Court to likely take the case and decide it in 2012 -- given how central this case is to maintaining copyright protection in the Internet age.

Why is Viacom likely to prevail on appeal?

Google's goobristic permission policy: We never need your permission, but you always need ours

Google's CEO Eric Schmidt, dismissed the notion that Google was "arrogant" in an FT interview.

  • Mr. Schmidt: "The arrogance comes across because we trying to do things for end-users against organised opposition from stakeholders that are unhappy -- and they paint us as arrogant. But I am sure that all successful organisations have some arrogance in them."  

It seems to me that "the arrogance comes across" with Google because Google operates, and expects to operate, under a double standard -- where rules, laws and expectations apply to others, but do not, and should not, apply to Google -- because Google is somehow special.

The latest example  of Google's expectation to be treated differently and better than Google treats everyone else -- is Google's "permissions" policy (See the Goobris Series below for other examples.)

Google's "Total Information Awareness" Power -- A one-page graphic of all the information Google has

To help you picture both the enormity and unprecedented power of what Google knows about you and the world's information: public, private and proprietary, I have organized all the world's information types that Google collects onto a one-page chart/PDF: "Google's 'Total Information Awareness' Power."

For those who really want to understand Google and its impact on most everyone and most everything, please read and study this one-page chart/PDF, because much valuable work and insight has gone into it.

  • While the chart is visually packed with information that many may find difficult to unpack or digest, the chart itself is an apt metaphor for both how much information Google has, and also how difficult it is for all of us to get our head around all the information Google routinely collects and uses.

A short refresher on where the term "Total Information Awareness" came from and why it is aptly employed here.

What Private Information Google Collects -- A One-Page Fact Sheet

(Click here for one-page PDF version of the Google Privacy Fact Sheet)

What Private Information Google Collects

 

Why Google's Search Ad Monopoly is Understated

Google's core search advertising monopoly is understated substantially by many for several reasons.

1. Most cite second best source: Media reports tend to report the most frequent and publicized ComScore 65.1% retail market shares for Google in the U.S., not the more accurate and comprehensive Hitwise 70% retail market shares in the U.S. that the DOJ/FTC rely upon, (because Hitwise's sample size is much bigger than ComScore's.)

2.  Most don't cite total share: Media reports almost never use Google's total market share because they almost always miss or forget to add in Google's wholesale share of searches to its retail share of searches.

Questions for Google on its Latest Act of Privacide -- Part XXI Privacy vs. Publicacy series

Google's latest privacy-killing act of privacide is "Google's roving Street View spycam," which is not only taking pictures, but is also scanning to log WiFi network addresses and unique Media Access Control (Mac)addresses per Andrew Orlowski's excellent scoop at the Register.

Viacom vs Google evidence has big antitrust implications

Wow. The evidence Viacom unearthed in discovery in their $1b copyright infringement suit against Google is surprisingly damning. The evidence shows willful, premeditated, deceptive, and organized efforts by YouTube, Google and Google-YouTube to infringe copyrights for anti-competitive and financial gain.

  • Read the quote summary first here, then review the copious evidence/history in the 86 page Viacom Statement of Facts here, and then review Viacom's Summary Judgement memo of law here

So what are the broader antitrust implications of all this new and serious evidence of illegal activity and misconduct by Google-YouTube?

First, DOJ really blew it for not even asking for a second request of information on Google's acquisition of YouTube.

GBC: Google Broadcasting Co. -- world unicaster

First there was one-to-many broadcasting, then many-to-many Internet narrowcasting... now it appears we are moving next to a one-to-many GoogleNet unicasting future...

  • ...where every company and individual may simply become a subordinate channel on the Googleopoly advertising network, 
  • and where content largely would be found only via Google's mono-search guide...

To better understand this troubling ongoing transformation, connect the dots below...

Google opposes public access to Viacom-YouTube filings -- Google's Discovery Risks -- Part I

A potential flood of very illuminating documents and information about the inner workings of Google are likely to be released soon by the Federal Court hearing Viacom's $1 billion copyright infringement lawsuit against Google-YouTube, despite strong Google opposition to the court's release of the information Viacom found in "discovery."

Must-see Australian clip: joining the dots on Google

Thanks to John Simpson's post at the ConsumerWatchdog.org, which flagged this succinct and illuminating 2 min 46 sec video "produced by Hungry Beast, a weekly news show on Australian television puts Internet giant Google's huge ambitions and gargantuan reach into dramatic perspective."

THE BEAST FILE: GOOGLE from Hungry Beast on Vimeo.

It is one of the best and most accessible pieces I have seen for the average person to get a better perspective on all things Google.

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Q&A One Pager Debunking Net Neutrality Myths