Now Google's Facing A Criminal Investigation In Germany Over Copyrights On YouTube

from the oh-geeze dept

Mon, Oct 26th 2009 6:49pm — Mike Masnick

Hopefully, this leads nowhere, but NewTeeVee reports that an angry entertainment lawyer in Germany has filed a criminal complaint against YouTube for music from 25 musicians he represents. The complaint is that Google hasn't taken down the videos and hasn't allowed those artists access to the Content ID program that Google uses to try to block copyrighted works. It's not clear why these artists weren't allowed in. Google seems to deny the whole thing. Either way, it's not at all clear why this should be a criminal investigation rather than a civil lawsuit, as that's all there is (at best) here. There's apparently a half decent chance that German officials will eventually decide that as well, telling the lawyer to file a civil suit instead, but just the fact that a criminal investigation has begun is troubling enough.

Meanwhile, part of the complaint is that this lawyer wants to find out who uploaded the videos, presumably to sue them too, because we all know what works great these days for musicians is to sue their biggest fans, who are out there trying to help promote the musicians they love....

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Filed Under: copyright, criminal, germany
Companies: google, youtube

12 Comments

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HolaJohnny (profile), 26 Oct 2009 @ 9:01pm

Re:
Doesn't count if your not signed in. That said I'm sure you will catch some flak Mike for that last bit of opinion were they sue fans. Which is IMO (no its not always humble) the exact goal. The way I'm guessing this goes down is: 1) Money grab by lawyer or parties litigating this. 2) Publicity grab by the lawyer. 3) Frustrated idiots who don't know how to work whatever system Google has setup. Viewer choice on this. Vote on your favorite option or debate it. Either way your input is greatly appreciated. Hell why don't we have some fun and all you industry players who list your credentials are invited too. :)
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jazz_snob, 26 Oct 2009 @ 9:04pm

civil suit, its about time
we all know what works great these days for musicians is to sue their biggest fans, who are out there trying to help promote the musicians they love.

Thats a sure way to show your devotion: essentially deprive musicians of their income. How would you like to work in an industry where its extremely difficult to make a living and have people do that to you?
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- Anonymous Coward, 26 Oct 2009 @ 9:30pm
  
  Re: civil suit, its about time
  And Suing them does what to improve the situation?
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- Mike Masnick (profile), 26 Oct 2009 @ 9:44pm
  
  Re: civil suit, its about time
  Thats a sure way to show your devotion: essentially deprive musicians of their income.
  
  How is promoting the works of the artists you like depriving them of any income? If you, as a musician, fail to put in place a business model that captures money from fans, that's your mistake.
  
  How would you like to work in an industry where its extremely difficult to make a living and have people do that to you?
  
  I do. And I deal with it by putting in place smarter business models, rather than crying about it.
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- Anonymous Coward, 26 Oct 2009 @ 10:15pm
  
  Re: civil suit, its about time
  Sorry, but if a YouTube video can replace every single thing a musician can sell or provide or do, that musician needs to find a new career.
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- Jason, 27 Oct 2009 @ 10:19am
  
  Re: civil suit, its about time
  Well, if I DID CHOOSE to work in such a difficult industry, I suppose it would be on my shoulders to bear the risk involved with whatever business model I CHOSE.
  
  I suppose I would have to decide whether it was worth it all. I might even have to get a second job like people have done for years.
  
  Hmmm, it might even lend some actual substance to my art - hey, that's actually not a bad idea,THANKS!!
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Ilfar, 27 Oct 2009 @ 1:01am

On the flip side...
If Youtube were being sued for hosting the content, you'd be saying that the ones uploading it should be sued instead. Now someone's trying to go for the uploaders, and you're putting that down too... In both cases though you'll state that suing isn't the way to go, new business models, etc, etc.

That out of the way, I thought the whole point of music videos was to get the song more exposure... My favourite bands are the ones that have, in my opinion, the neatest music videos - one still gives me shivers when I watch it :D
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- DH's love child, 27 Oct 2009 @ 8:07am
  
  Re: On the flip side...
  "If Youtube were being sued for hosting the content, you'd be saying that the ones uploading it should be sued instead. Now someone's trying to go for the uploaders, and you're putting that down too... In both cases though you'll state that suing isn't the way to go, new business models, etc, etc."
  
  Problem here is that no one is being sued, it's a criminal investigation.
  
  And Mike has clearly said in the past: If you're going to sue, go after the people who upload the content, not the host AND it's a stupid idea to sue fans. those are not diametrically opposed notions, "if" being the keyword.
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mike allen (profile), 27 Oct 2009 @ 1:02am

it is time
google / youtube should stand by their users and stop taking down videos with commercial music on maybe the maker of the video wants to promote an artiste or perhaps the music fits the images. either way this should be allowed as fair use.
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Monkey_Bee, 27 Oct 2009 @ 1:19am

Supremely confused
Wait a sec - the musicians cannot upload their videos while the fans can?

Ah ha ha

Too good to be true, power to the people my friends
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The Garbage Man, 28 Oct 2009 @ 3:07am

When will they ever learn...
As long as greed comes before common sense, we will continue to see articles such as this one. I've actually discovered several musicians thanks to YouTube videos made by fans.

In one case I actually went searching for the artist of a song I heard in a video game and fans were the ONLY reason I found who the artist was. Google was utterly useless and even the publisher of the game failed to list on their website what songs were used, nor were they listed anywhere in the game that I could find.

I ended up using Bittorrent to download two albums by this artist and liked enough of their songs that I eventually purchased both. There is a high probability I will buy any future albums they release as well and it wouldn't have happened at all if it wasn't for those pesky fans with YouTube accounts.
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The Garbage Man, 28 Oct 2009 @ 3:22am

Re: On the flip side...
"go after the people who upload the content, not the host AND it's a stupid idea to sue fans. those are not diametrically opposed notions"
You are very correct sir, they are not mutually exclusive at all. Both notions are dead on logical and make perfect sense. I wonder how the original commenter you quoted failed to see that, considering how obvious it is. Does it make more sense to go after uploaders? Yes. Is it a stupid idea to sue fans? Yes.
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