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?

Don't miss an outstanding op-ed by Devereux Chatillon entitled "It's about search Stupid" about the Google Book Settlement.

It is on point, insightful and has great clarity of thought.

It also employs a brilliant metaphor to capture the essence of Google's monopoly power -- search as a map.

• "If websites, databases and other content are the landscape of the virtual world, then search engines are the maps. Without search engines, the landscape is confusing and getting lost a certainty. With them, finding one's way through the dense forest of information is possible if occasionally made difficult with unexpected detours and dead-ends. Disappearing from the results of dominant search engines leads to invisibility. And if one has a website, a blog, an ecommerce site, or a database that no one knows exists, it is useless."
• Please click here to read on.

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.

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...

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."

The Media and Democracy Coalition, the leading advocates for the FCC to effectively take over management of the Internet and the American broadband industry are gathering on Capitol Hill 11 am Wednesday (Rayburn 2123) to present their policy recommendations to the FCC for a "Bold Practical National Broadband Plan." 

Here are some questions the panelists should be asked:

January 27, 2010

For Immediate Release

Contact: Scott Cleland

703-217-2407

Media@GoogleMonitor.com

GoogleMonitor.com Launches Today

Will spotlight Google’s lack of transparency and accountability

My NPR Online op-ed: "Net Neutrality Regulations Compromise Freedoms" makes the case why the FCC Chairman's proposed net neutrality regulations are likely unconstitutional in multiple dimensions. 

If you like the op-ed please click on the "Recommend" check button above the title or at the end of the piece, that is in the link below, because that will keep the op-ed posted longer than otherwise.

• http://www.npr.org/templates/story/story.php?storyId=113297709

My proposed title, which was supplanted for space concerns, was: "Taking Freedom From Some Takes Freedom From All."

• Below is the text of my NPR Online op-ed.

"Net Neutrality Regulations Compromise Freedoms

September 29, 2009

DOJ's 28-page Statement of Interest to the Court responsible for deciding the fate of the Google Book Settlement speaks volumes. 

First, it ensures the current proposed settlement is effectively dead.  

• It is hard to conceive a U.S. Federal District Court Judge approving a settlement, which the United States Government indicates may be illegal under three completely different bodies of law (class action, copyright and antitrust), and also may be per se illegal in multiple different ways.

Second, despite the DOJ's encouraging tone in the press release, the DOJ statement itself set a very high bar for the parties to overcome. Substantively, the DOJ is insisting on radical changes in the settlement that practically would gut the unique and self-serving going-forward public benefits of the deal for the parties.   

• In a nutshell, the DOJ's is effectively urging the deal be radically pared back from covering:
  • ~All books -- to just books-in-print (a fraction of the seven million books Google has copied);
  • U.S. and foreign works -- to just U.S. works;  
  • Scanning and all derivative uses -- to just scanning and snippets;
  • Retrospective and prospective impacts -- to retrospective and heavily-scaled-back prospective impacts; and  
  • Just the parties who get special public benefits -- to enabling most outsiders to share equally in the settlement's public benefits. 

Third, it raises the question if there is still a basis for the parties to settle, because the DOJ recommended fixes fundamentally and substantially limit what the parties can extract from the settlement.

With due to credit to "Ripley's Believe it or Not!^®," so much odd and bizarre is happening in Washington in the "name" of "wireless innovation" and competition that the topic calls for its own collection of: "Believe it or Not!^®" oddities.

Skype co-founder Niklas Zennstom, the co-founder of illegal-music-downloading site Kazaa, who had to avoid entering the U.S. because of copyright-infringement liability... is now seeking a U.S. court injunction to shut down eBay's Skype for alleged copyright violations!