BBC Thinks Only It Can Have TV Shows About People Dancing; Sues Berlusconi For 'Porn' Version

from the can't-own-ideas dept

When I heard that the BBC was suing Silvio Berlusconi's Mediaset, just knowing the two players involved, I expected to side with the BBC. But on this one I'm left scratching my head over the BBC's ridiculous claim. Apparently, the BBC thinks that it owns the idea of a reality TV show about dancing, a la "Dancing With The Stars" here in the US. In the UK, the BBC apparently runs a similar show called Strictly Come Dancing. Mediaset has apparently launched a new show, Baila! Everyone seems to admit that MediaSet didn't even copy Strictly Come Dancing. Instead, Mediaset points out that it actually adapted a South American dance show "Bailando Por Un Sueno (Dancing For A Dream)," which is different... in that it includes "scantily-clad dancers," and has even included "a model [who] danced topless and simulated sex."

Silvio Berlusconi's son, Pier Silvio Berluscoi, apparently responded by saying that it's "Ok to copy ideas" in television, and he's right. Copyright applies to expression, not ideas. And, even in this case, the ideas appear to be different -- in some ways very different. So, I don't get it. Does the BBC really think that it can own the idea of people dancing on a television show? It seems clear that some of this is to protect the BBC's relationship with a competing Italian TV network, which did license the BBC's show -- but still this seems like a gross overreach by the BBC.

Filed Under: dancing with the stars, italy, silvio berlusconi, uk
Companies: bbc, mediaset

Time For Google To Leave Italy? Italy Announces That YouTube Responsible For All Content

from the it's-not-tv dept

Not this again. The Italian government has long had trouble comprehending how YouTube is simply a platform for users. Of course, some might say this is willful ignorance. Italy's Prime Minister Silvio Berlusconi owns Italy's largest private broadcaster, Mediaset, and doesn't much like the competition. In fact, back in 2008, Mediaset sued Google over its content appearing on YouTube, and a year ago, an Italian court (surprise, surprise) sided with Berlusconi and ordered YouTube to remove all Mediaset content, though it doesn't explain how YouTube is to know what is and what is not infringing. Of course, this is also the same country where a politician wanted to sue thousands of YouTube commenters for making fun of him under a video on YouTube. And, most famously, Italy is the country that bizarrely and inconceivably found Google execs criminally liable for a video posted to Google Video.

The latest in the Italian government's war against YouTube is that it's declared that YouTube qualifies as a TV station and is subject to television regulations (Google translation of the original Italian, found via Slashdot). What this means is that not only will YouTube/Google have to pay a tax as a TV broadcaster, but it now has other regulatory controls, including an obligation to publish "corrections" within 48 hours to anyone who claims they were slandered, and an obligation to not broadcast "inappropriate" content during times when children might watch.

But, of course, the biggest issue is that it says that if there's any editiorial control, even automated (so I assume the "favorites" or "recommended" lists count), suddenly, YouTube becomes liable for all of the content. In other words, in order to help Berlusconi win his lawsuit against YouTube, Italian politicians have effectively changed the law to make sure that YouTube is now liable for the content of third party users. This effectively means that the risk of running such a platform in Italy becomes ridiculously high. I imagine Google will fight this in the courts, but at some point, it makes you wonder if Google wouldn't just be better off leaving Italy altogether, and seeing how folks there feel about its government's decisions.

Filed Under: italy, regulations, third party liability, youtube
Companies: google, mediaset, youtube

Italian Courts Continue To Attack YouTube; Demand It Remove All Content From Berlusconi-Owned Mediaset

from the and-how-will-that-work? dept

It seems that the Italian legal system really has problems with YouTube. We've already detailed the absolutely ridiculous criminal lawsuit against Google execs over a video of some kids taunting another kid (why Google execs are criminally responsible for this still remains unexplained). Then there's the Italian politician who has tried to sue a bunch of YouTube commenters. And now comes the news (via Michael Scott) that a court has ordered YouTube to remove all content from Mediaset, an Italian broadcaster owned (of course) by Italian Prime Minister Silvio Berlusconi. It's unclear how the court thinks YouTube can somehow figure out what content is from Mediaset, but it doesn't appear that Italian law cares about such practicalities.

Filed Under: copyright, italy, silvio berlusconi, youtube
Companies: google, mediaset

Italian Media Company Mediaset Joins In On The Fun: Sues YouTube

from the come-on,-everyone-join-in dept

While we all wait for the outcome of Viacom's billion dollar lawsuit against YouTube, it appears that some other media companies aren't waiting around. Italian media firm MediaSet, which just so happens to be owned by Italian Prime Minister Silvio Berlusconi, has sued YouTube and Google for $779 million (almost as much as Viacom is suing for!). MediaSet claims that the 4,643 videos on YouTube that infringe on its copyrights have cost it 315,700 viewer days. Apparently, MediaSet prefers not to take into consideration (a) that most videos on YouTube are limited to under 10 minutes, meaning that it's a poor replacement for watching on TV and (b) that people who watch on YouTube aren't necessarily people who would have watched it on TV and (c) that folks who watch something on YouTube may, in turn, be convinced to watch a show on TV that they wouldn't have watched otherwise. Why bother with little pesky details like that when you can just sue a huge company that has a lot of cash. Given that the Italian government is already trying to put Google execs in jail over some YouTube videos, this looks like a larger Italian campaign against YouTube in general.

Filed Under: copyright, italy, liability, video, youtube
Companies: google, mediaset, youtube