In what I see increasing as a practice, music artist Prince has started a catfight with Google, Inc.'s (NASDAQ: GOOG) YouTube service and eBay, Inc. (NASDAQ: EBAY) over copyright violations dealing with unauthorized video content on YouTube and Prince-labeled clothing and shoes on eBay. The constant battle copyright holders continue to have with the opening of content and commerce on the global web won't be over soon -- far from it. In fact, the web can be both the biggest threat and the most lucrative distribution tool for music and video artists. Defining the line between those, however, is so blurry no corrective lenses will ever be able to see it clearly.
Prince's issue here is the constant re-posting of his videos and other content on YouTube, even after his internet policing specialist successfully worked with YouTube officials taking down content that infringed on his copyright. In true YouTube fashion, more content is immediately uploaded and the circle starts all over again.
Then come the mousepads and shoes showing up on eBay with Prince's likeness. Same deal as with YouTube -- he just wants those items to be taken down for good. In an age where users are the ones responsible for uploading and listing infringing material -- not the hosting companies like eBay and YouTube -- how far does the responsibility go for both companies? That question still has no answer, and the web will continue upending the entertainment industry little by little.
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Reader Comments (Page 1 of 1)
9-20-2007 @ 3:17PM
mghamberlin said...
From the EBAY side of things the people posting the listings should be covered under the first sale doctrine. If the items were purchased legally prior to being resold on EBAY Prince has nothing to say in regards to the matter. As a matter of law the VEROs have listings pulled under penility of purjery that the items are not legal items etc. I think the courts should start fining the VEROs for filling false claims when and if it is found that the first sale doctrine applys to a listing that has been removed. The table turning on them for a while would be a start in the right direction on stopping all this crying they are doing about anything and everything.
9-21-2007 @ 7:02AM
firemeg said...
"In an age where users are the ones responsible for uploading and listing infringing material -- not the hosting companies like eBay and YouTube -- how far does the responsibility go for both companies?"
The answer to your question seems to be: As far as the company is willing for the responsibility to extend.
eBay shot themselves in the foot by settling with companies years ago and amending their policies to disallow certain items to be sold, based on corporate pressure from other companies and legal pressure from other individuals.
Then eBay proceeded to shoot themselves in the leg, groin, belly, chest and face, by repeatedly caving into this pressure. eBay used to call itself "just a venue," but obviously it has become a moderator, and agent and middleman.
Ideally, eBay would host the code that sellers could use to post listings and the sellers and buyers would bear the responsibility for any laws that they break in the process. eBay however, has one big problem....anonymity. Sellers do not need to be verified to prove they are who they say they are, so there is little hope of law enforcement agencies catching many of the offenders - especially if the seller is intentionally using fraudulent personal information.
Meg Whitman & Co. have a bit of a problem with free markets. With a purported userbase in the hundreds of millions, it seems the logical course of action originally would have been to let the market decide and take its course...rather than try to micromanage every transaction with an overbearing user policy.
As far as YouTube goes...haven't seen (don't watch) Prince videos on YouTube, but if they are copyrighted videos by Prince that are unaltered, I cannot see any harm in having the exposure - especially since those posters aren't making money on the videos....yet. (but I guess the exposure is a lot greater if you decide to sue)
9-21-2007 @ 1:01PM
Mozelle said...
Prince and others like him need to take a hike! Once I buy the product in a store, it becomes mine. I own it! Period! He no longer owns it! And if I want to sell it on eBay that is my right!
And if it gets sold 50 times over it is no longer his business! It does not say"This item is for one time use and must be destroyed" When I BUY it it becomes my Property!
Copyright no longer applies. Copyright gives them the exclusive right to manufacture an item for a period of time! Nothing more!
These so called companies that cry infringement need to get a grip and get used to the internet age! If I want to sell a used anything that I have paid for it is mine, regardless of what name is on it!
I hope eBay nails them to the cross. These companies have their stuff made in China for pennies! The Chinese copy the stuff and sell it on the black market. Then they cry Copyright infringement! They should have their stuff made in the USA then the Chinese can't rip them off...