Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
france, liability, online video

Companies:
google



French Court Tells Google To Do The Impossible: Stop People From Uploading Copyrighted Material

from the and-if-it-can't? dept

What do you do when the court orders you to do the impossible? The French High Court has apparently told Google that if someone alerts it to an unauthorized video being uploaded to Google video, not only does it need to take the video down, but it must prevent that same video from ever being uploaded again ever. It seems that some people still believe that this really is possible, but despite some companies claiming they offer filters that will block certain uploads, none have been shown to be all that effective. There's always some way to mask or change the content enough that these filters won't work. The question that comes up again, though, is why is this Google's responsibility? If there's liability, it should be on the person uploading the unauthorized content. If someone is clever enough to get around any filter, then why should Google have to pay for that?

33 Comments | Leave a Comment..

 
 

Reader Comments (rss)

(Flattened / Threaded)

  1. Dec 6th, 2007 @ 11:41am

    and has Deep Pockets

    by Readily Named

    The reason is because the copyright holders can readily identify Google as a defendant and Google has deep pockets to make it worthwhile suing them. Hell, the worst news the plaintiffs could ever hear is Google developing the capability to filter illegal content accurately. It would shut out a huge revenue source for the lawyers, shysters and other miscreants associated with the digital content debacle.

    (reply to this comment) (link to this comment)

  2. Dec 6th, 2007 @ 11:41am

    Well...

    by Anonymous Coward

    This sounds like more posturing related to your article a while back about French software and a competitor to Google. They want their own, and this looks like a good way to start.

    (reply to this comment) (link to this comment)

  3. Dec 6th, 2007 @ 11:44am

    Same?

    What constitutes "the same?" The exact same file? That should be pretty easy.

    But what if I change the file name? Is it "the same?" How many bits do they have to have in common before it's no longer "the same?" What if my file has the same checksum as another file?

    (reply to this comment) (link to this comment)

  4. Dec 6th, 2007 @ 11:44am

    They'

    (reply to this comment) (link to this comment)

  5. Dec 6th, 2007 @ 11:46am

    They're French

    Just ignore them, they're French. Who cares about France? SH1thole country full of smelly frogs who can't fight and can't fukc. Google should just block every French IP. Either that or assemble it's entire work force and invade the place. See if they can get from Calais to Paris before the French surrender. I bet they can't.

    (reply to this comment) (link to this comment)

  6. Dec 6th, 2007 @ 12:16pm

    Yay Kev B

    by Bob C

    You nailed it. I was coming to do the same. Just as Google should ignore bossy publishers Google should ignore bossy nations. Let's see, what would happen if Google told France to kiss it's ass, pulled all French web sites from its index, and started pulling its presence out of France?

    Within a matter of days every French person, business, and community with a web presence would be in an uproar and dragging the French court down the street for a lynching.

    Pull out Google, pull out.

    (reply to this comment) (link to this comment)

  7. Dec 6th, 2007 @ 12:19pm

    What absurdity

    by Redonkdiculous

    FTFA: The Court held that, with regard to the first broadcast, Google Inc complied with these provisions by expeditiously removing the film. However, as regards the following broadcasts, the Court considered that since Google Inc had already been notified of the illegal nature of the content, it had the obligation to do everything necessary in order to prevent a further broadcast.

    I think one of these judges can look at the log of incoming files for about 3 seconds and realize that there is no good way to prevent a similar file from being posted with a different name. Generalized filters will start messing with non-offending files and thus useless. Someone needs to pull a head out of someone-in-charge's arse and smell the Silicon Age.

    (reply to this comment) (link to this comment)

  8. Dec 6th, 2007 @ 12:21pm

    Re: What absurdity

    by Matthew

    and why isn't the publisher realizing that millions of people never heard of this documentary until it was posted online?

    Whatever it is, there's no way in hell I'd consider paying for it now.

    (reply to this comment) (link to this comment)

  9. Dec 6th, 2007 @ 12:29pm

    Re: Yay Kev B

    On a serious note though - if they did pull the plug, google search engine, maps, earth, apps, they'd have a whole lot of p1ssed off French people. They'd have a very angry acquiescence on their hands!

    (reply to this comment) (link to this comment)

  10. Dec 6th, 2007 @ 12:30pm
    by Overcast

    Easy, just block any and all subnets in France, Google - problem solved.

    (reply to this comment) (link to this comment)

  11. Dec 6th, 2007 @ 12:31pm
    by Anonymous Coward

    I've been thinking about getting out of the united states and I did study french for five years, but obviously France is completely retarded.

    (reply to this comment) (link to this comment)

  12. Dec 6th, 2007 @ 12:46pm

    Re:

    Frying pan? Fire?

    (reply to this comment) (link to this comment)

  13. Dec 6th, 2007 @ 12:48pm
    by Anonymous Coward

    Who cares about a bunch of wine sipping surrender monkeys?

    (reply to this comment) (link to this comment)

  14. Dec 6th, 2007 @ 1:12pm

    French Software Savvy

    by TW Burger

    This court decision seems to be the result of why the term "World dominance of French software" is heard as often as "The superior human rights record of China" or "Fine English cuisine". Chips 'n mushy peas anyone?

    (reply to this comment) (link to this comment)

  15. Dec 6th, 2007 @ 1:46pm

    Surrender monkeys...

    by no, I'm not french, but I hate bigots.

    ... whose help made the USA possible in the first place... hey, wait a minute... maybe they DO deserve to be chastised!

    Oh, and Ken, you appear to be Canadian, but how can you possibly complain when your own government is implementing an even more moronic approach to copyright protection?

    In any case, yeah, the ruling is pretty much idiotic...

    (reply to this comment) (link to this comment)

  16. Dec 6th, 2007 @ 1:47pm
    by Jake Buck

    Google should follow in the steps of torrentspy, and block the country from viewing anything.

    (reply to this comment) (link to this comment)

  17. Dec 6th, 2007 @ 1:47pm

    KeV

    by I can't read

    Yes, I meant you. I can't read.

    (reply to this comment) (link to this comment)

  18. Dec 6th, 2007 @ 2:17pm

    Re: Surrender monkeys...

    by KeV

    I live in Canada, but I'm English.

    Please tell me when this became a nationalistic witch-hunt? Other than me pointing out that France is the rectum of Europe (and in a continent that contains Germany, Lichtenstein and Belgium, that's some serious competition!).

    I didn't say any other government was any better, I only pointed out that France, their government and their predilection for wearing berets, munching onions and saying HAW-HE-HAW-HE-HAW is gay. It is. The end.

    (reply to this comment) (link to this comment)

  19. Dec 6th, 2007 @ 3:05pm

    Stop using that word

    by Shohat

    Stop using the word impossible.
    No matter how slow progress is nowadays, dubbing such a thing is impossible not helping anyone. The future will have full content control, on a global scale, and saying "impossible" just means that everything has to be shut down right now.

    (reply to this comment) (link to this comment)

  20. Dec 6th, 2007 @ 3:32pm

    Re: Stop using that word

    by dorpass

    Right on. And I have Schroedinger's cat in my lap to prove that everything is possible. Right.

    (reply to this comment) (link to this comment)

  21. Dec 6th, 2007 @ 3:39pm

    Face it, life without the French...

    by GeneralEmergency

    ...would be much less amusing.

    (reply to this comment) (link to this comment)

  22. Dec 6th, 2007 @ 3:41pm

    Re: Stop using that word

    by Bob

    What you just posted sounds/reads like something out of a poorly scripted cartoon... Kinda like where the protagonist is told by the villain that what he is trying to accomplish is "impossible" and the hero responds with your post. =D Go work for Disney.

    P.S. The French can SUCK IT. And by "it" I mean a detonating nuclear warhead. Who are they to tell Google what to do? If the US hadn't helped them all those years ago, they'd be speaking German. And they'd be dead. Freaking frog eaters.

    (reply to this comment) (link to this comment)

  23. Dec 6th, 2007 @ 4:09pm
    by Paul`

    Block french IP's. Simple simple. Let them us the shitty French governments google replacement; I hear it's more 'cultured'.

    (reply to this comment) (link to this comment)

  24. Dec 6th, 2007 @ 6:45pm
    by Lucretious

    The French.....lol

    (reply to this comment) (link to this comment)

  25. Dec 6th, 2007 @ 9:26pm

    What a bunch of racists (above)

    by Boris Jacobsen

    It's okay to be racist is it if it's against the French. You lot should be ashamed of yourselves. Or locked up. Or something.

    (reply to this comment) (link to this comment)

  26. Dec 7th, 2007 @ 2:12am

    Re: #25

    "It's okay to be racist is it if it's against the French. You lot should be ashamed of yourselves. Or locked up. Or something."
    I wasn't aware you couldn't be racist against a nationality...

    (reply to this comment) (link to this comment)

  27. Dec 7th, 2007 @ 2:27am

    Re: Re: #25

    by icon PaulT (profile)

    "I wasn't aware you couldn't be racist against a nationality.."

    Silly comment - of course you can. look in a dictionary:

    racĀ·ism
    2. Discrimination or prejudice based on race.

    race
    1. a group of persons related by common descent or heredity.

    The French are a group of people related by common (French) descent and/or heredity, therefore you can be racist against them. Just like they can be racist against you. Funnily, Americans always complain about how the French are rude to them, but seem to have no problems treating them as per the above comments.

    (reply to this comment) (link to this comment)

  28. Dec 7th, 2007 @ 3:13am

    Silly Rulings

    by rich

    silly french ruling >> /dev/null

    (reply to this comment) (link to this comment)

  29. Dec 7th, 2007 @ 7:14am

    Racism

    by KeV

    You CANNOT be racist against the French. Or bigoted, or prejudicial. The only thing one can be toward the French is objective. And objectively, they're all French. And by French I mean cowardly-smells-of-cheese-and-couldn't-win-a-war-against-an-8th-grade-blind-school-class homos. Also the women don't shave. That's just wrong. They are also indirectly responsible for Celine Dion. Need I go on?

    (reply to this comment) (link to this comment)

  30. Dec 7th, 2007 @ 12:36pm
    by known coward

    The reason google puts up with france's decisions is because google makes boatloads of money from their operations in france. If google pulls out of france, believe it or not, the french will survive. The fifth republic or whatever they call themselves these days will not fall. Other companies, much like yahoo in china, will do business there and make the profit.

    (reply to this comment) (link to this comment)

  31. Jan 7th, 2008 @ 3:42pm

    Re: They're French

    by Angry Frenchie

    That's being very stereotypical of a whole country. Yes, they can be irritable at times, but isn't that like the rest of the population?
    Though you think that's an irrational idea, you need not say it so nastily!
    I don't like it, but do you see me barbarically insulting a VERY large group of foreign citizens? I think not!

    (reply to this comment) (link to this comment)

  32. Sep 19th, 2008 @ 3:24pm

    msg for Kev B

    by Napoleon

    >>SH1thole country full of smelly frogs
    May be Kev B is from the New York slums - a dung beetle -
    smells whenever he talks.
    >> who can't fight and can't fukc.
    Fight for your country's nauseating cause - HA HA HA
    - your gov creates the foreign policy mess somewhere and expects others to clean up - wow!! what an expectation
    >> just block every French IP.
    no google is needed in France, go ahead and do it. you'll
    be the loser, not us.

    >> Either that or assemble it's entire work force and >>invade the place. See if they can get from Calais to >>Paris before the French surrender. I bet they can't.

    Well try the invasion and see what happens !!
    Best of luck for running around a tree trying to fkcu
    yourself.

    (reply to this comment) (link to this comment)

  33. Dec 1st, 2008 @ 4:05am

    Re: msg for Kev B

    by marry

    The reason google puts up with france's decisions is because google makes boatloads of money from their operations in france. If google pulls out of france, believe it or not, the french will survive. The fifth republic or whatever they call themselves these days will not fall. Other companies, much like yahoo in china, will do business there and make the profit.... from laptop battery

    (reply to this comment) (link to this comment)

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