Today overseas in Germany, Google both won, and lost a court case with Youtube. How can that happen? Well it’s an interesting case, one which, if the verdict is upheld, will be used as a marker case for future dealings with the platform.
Google has long contended that Youtube is simply a host, not a creator of the content which you can find on it. Because anyone can create an account and upload anything they want, Youtube is by definition a host for content. There are some very basic editing tools on the site, but you can’t record anything on, or through their site or software. And today a court in Germany has ruled that (currently) Google needs to install filters within Youtube, in order to detect and stop people from gaining access to materials to which they do not own the rights. The judge also said that Google is not responsible for the uploaded material, merely needs to help do more to help stop copyright violations. That, is how you can win, and lose at court. Google and Youtube were legally absolved of being responsible for the content on it’s service, and were instead charged with helping to clean it up.
In the list of small victories as well as being told Youtube isn’t responsible for the content being uploaded? They were also saved from having to sort through it’s entire catalogue and purge anything that has a copyright tied too it. With billions of hours of video, that would be an impossible undertaking at best guess. Just because the case has been decided, Youtube and Google, aren’t exactly taking it lieing down. They still intend to appeal the decision, as any loss can be viewed as a loss. The GEMA party in Germany which controls royalty payments to materials it has copyrighted is the company which took Youtube to court, over 12 songs uploaded in 2010. Google has said they will be negotiating with the company so artists which have been copyrighted receive their due.