YouTube.com’s Elephant
I like YouTube. I really like it. I think it might change or have already changed the world. As I think this, I feel a slight tug behind my navel and I realize why YouTube will fail, or be crushed. It will never be bought, and the reason is liability. The ammount of copyrighted material is so volumous that it may NEVER all be cataloged. Not because it can’t be tracked today, but because of the rate of growth. With the DMCA in place, everyone, EVERYONE who has something on YouTube that is copyrighted must defend it. Imagine a world where if you have an idea, song, logo, or other such intellectual property, you must spend every waking hour firing off cease and desist orders all over the internet. YouTube isn’t alone as a multimedia behemoth.
Google, Yahoo, Aol, MySpace, etc. all have video repositories. All with copyrighted content. This begs a bigger question: will this create another mercury effect? When Napster was shut down, before its rebirth, 15+ other peer-to-peer clients emerged. They all tried to fill the void and capitalize on the audience with ads built into the client. I was so taken with the trend that at first I imaged cockroaches that scurried from object to object as you lifted them. But it is more like mercury flowing to the lowest spot. I can put video on no less that 25 sites in the next hour. If it violates copyright, that is 25 C&D’s that have to be fired off PRONTO.
I think when I get my movie cut together, I am just going to sit on it.
UPDATE: Google buys YouTube; I guess I was wrong, I didn’t take into account that the best way to deal with lawsuits is to consolidate mega-video sites and make yourself a bigger target. However, according to the damned DMCA, the uploaders bear a substancial liability and if YouTube had be slapped by say Time-Warner, they wouldn’t have the warchest and army of litigators that Google does. If a precedent was set with YT going it alone, Google would be next, and with an uphill battle. Perhaps it was defensive but also offensive to prevent say News Corp. or Microsoft from getting ahead of the game with one purchase.
I still feel that this leaves independant content creators out in the cold. Without exclusive deals from YT or Google like Warner Bros. will get, there is no way to protect yourself from the YT version of ebauming. Everyone will steal your work and not even have to worry about hosting fees, just put it up and claim it. If I were to author the next Numa Numa, and 40,000 people uploaded it to YT, how the hell would I defend it? It would become a class action copyright suit, and without actually making any money on it myself, why would I go to the trouble?