Rich Fiscus
16 Dec 2007 15:42
A new precedent has been set in France that may have a chilling effect on viral video sites like YouTube. The High Court of the First Instance of Paris found Google liable for copyright infringement after Zadig Productions, a Parisian film company, took them to court over content posted on Google Video.
The decision is notable not because Google was found responsible, but rather for the court's reasoning. According to the high court, when a service like Google's receives a notice from a copyright holder they're obligated not just to remove it, but to ensure it doesn't get uploaded again. "The crux of the decision is that once hosting providers have been notified of illegal content, they are obliged to make sure that it does not reappear on their site," says French lawyer Brad Spitz, in a blog post on the decision.
According to court documents, Zadig notified Google about the illegally posted video last April, and although it was quickly removed it re-appeared just as quickly, forcing Zadig to repeatedly complain to Google in order to have it repeatedly removed. "The court said that Google had not proven that it implemented all measures necessary to prevent people from re-posting," Spitz told The Register. "It's a bit harsh on hosting providers."
"We have launched Video Identification on YouTube only, but we expect to implement the technology on Google Video in the future," Google spokesman Gabriel Stricker said. "Google Video has an entirely different infrastructure, so it is not a simple plug-and-play to extend this technology."
Source: Reuters