Why the YouTube-Viacom ruling is good news

From The Atlantic Wire.

For three years, media and legal observers have been anticipating the outcome of Viacom's $1 billion lawsuit against Google's video site, YouTube. Viacom, which owns MTV, Paramount Pictures and programs such as South Park and The Daily Show, alleged that YouTube willingly exploited its copyrighted content. Google, on the other hand, maintained that the Digital Millennium Copyright Act relieves it from checking user-generated material before it's posted.

On Wednesday, U.S. District Judge Louis Stanton ruled in favor of Google, saying that when YouTube received "specific notice that a particular item infringed a copyright, they swiftly removed it." While Viacom promises to appeal the ruling, its prospects don't look promising. Web enthusiasts and legal experts, meanwhile, are musing about what this means for the Web at large.

At the moment, these views are:

  • The judgment “reinforces the pro-sharing ethos of the Web”
  • It “ensures YouTube’s long-term survival” by easing Google’s caution about where it places ads on the service
  • It “loosens the rules on content-hosting sites”. (Er, except in Italy, perhaps)
  • It represents a major setback for media companies
  • All true. The big story is that while Viacom may be big, Google is bigger. There’s a new 800-lb gorilla on the block.

    General McChrystal: history repeats itself

    Well, well. So the top US General in Afghanistan has been summoned to Washington, where his fate hangs in the balance. He should, of course, be fired by Obama. According to an article in Rolling Stone, it seems that McChrystal and his aides spoke critically of nearly every member of the president’s national security team, saying Obama appeared “uncomfortable and intimidated” during his first meeting with the general, and dismissing Vice President Joe Biden as “Bite Me.” Big mistake, as Fabio Capello might say.

    For a long time now, the US president that Obama has most reminded me of is Harry Truman (IMHO the most under-rated president of modern times). He was also faced with an insubordinate general, Douglas MacArthur, and on April 11, 1951 fired him.

    “With deep regret [said the White House statement] I have concluded that General of the Army Douglas MacArthur is unable to give his wholehearted support to the policies of the United States Government and of the United Nations in matters pertaining to his official duties. In view of the specific responsibilities imposed upon me by the Constitution of the United States and the added responsibility which has been entrusted to me by the United Nations, I have decided that I must make a change of command in the Far East. I have, therefore, relieved General MacArthur of his commands and have designated Lt. Gen. Matthew B. Ridgway as his successor.

    Full and vigorous debate on matters of national policy is a vital element in the constitutional system of our free democracy. It is fundamental, however, that military commanders must be governed by the policies and directives issued to them in the manner provided by our laws and Constitution. In time of crisis, this consideration is particularly compelling.”

    Later, in an article in Time magazine, Truman wrote:

    “I fired him because he wouldn’t respect the authority of the President. I didn’t fire him because he was a dumb son of a bitch, although he was, but that’s not against the law for generals. If it was, half to three-quarters of them would be in jail.”

    Maybe it’s something about generals with “Mc” (or “Mac”) in their names?

    Pain: illiteracy posing as cant

    As I write, Westminster reporters are wittering mindlessly about the Chancellor’s emergency budget. All the talk is about “pain”, how it’s going to be inflicted and upon whom, and what the reactions to this ‘pain’ will be.

    This is not just cant; it’s also illiterate. The Web version of the Encyclopedia Britannica defines pain as:

    “A complex experience consisting of a physiological (bodily) response to a noxious stimulus followed by an affective (emotional) response to that event. Pain is a warning mechanism that helps to protect an organism by influencing it to withdraw from harmful stimuli. It is primarily associated with injury or the threat of injury, to bodily tissues”.

    The Chancellor may have lots of powers. But the infliction of pain isn’t one of them.

    Shattered illusions

    Well, one shattered illusion anyway. George Orwell is one of my heroes, but even his biggest fans have to admit that he could be a bit dour. So the jibe that “he could not blow his nose without moralizing on conditions in the handkerchief industry” has always made me laugh. Until today, I had always believed that it was made by Evelyn Waugh. But in his collection of essays, Common Reading: Critics, Historians, Publics, the cultural historian Stefan Collini attributes it to Cyril Connolly. Sigh: another illusion shattered.

    iPad: the blog killer

    As part of my ongoing project to try and assess the utility of the iPad, I’ve been using it as much as possible in the course of my day. We’re now several weeks into the experiment and I’ve noticed something interesting: I’ve been blogging less. And the reason is simple: the iPad is hopeless as a blogging tool, or at any rate as a tool for the kind of blogging that I do. Since I use Memex as a kind of working notebook — an online commonplace-book — multi-tasking is absolutely essential: I read something online and decide that I want to log it in Memex. On a real computer, that’s dead easy: highlight the key passage, hit the ‘Press This’ bookmarklet (I use WordPress), edit, hit ‘publish’. That’s it. With the iPad, the workflow needed to achieve the same result doesn’t even bear thinking about — it involves closing one application, launching another, clumsy selecting, cutting and pasting, etc. etc. Zzzz…

    There is a WordPress App for the iPad, and it’s ok as far as it goes, which is only to write posts from scratch. For some bloggers — those who just write original stuff — it’s useable. But for someone like me it’s not really helpful.

    Another quirk: when blogging with WordPress (and, I guess, Blogger) one’s composing inside a text box — as here:

    Note that when the draft post exceeds the size of the box a scroll-bar appears. On the iPad, there’s no scroll bar. “No problem”, you think. “Just grab the text and move it up to make room”. Not possible: all that happens is that you move the entire web-page. Not sure if this is fix-able within the parameters of Apple’s touch interface, but at the moment it makes the editing of longer blog posts effectively impossible.

    (And as for getting an image into the post to illustrate a point — as above — well, forget it.)

    My hunch is that there’s an opening for a serious iPad blogging App. The big question, I guess, is whether it’s possible to do one within the confines of the present OS.

    All of this merely confirms, of course, that the iPad has been conceived as essentially a tool for consumption rather than creation — and that users like me are, really, rather quaint exceptions with little marketing significance. Steve Jobs might say that we should stick to our multi-tasking laptops; and, given the huge sales of the iPad, who’s to say that he’s wrong?

    Obama and the oil spill

    If, like me, you’ve been puzzled by Obama’s oscillations over the BP drilling catastrophe, then Tim Dickinson’s long article in Rolling Stone makes sobering reading. Essentially it highlights the extent to which the Obama Administration failed to deal with the corruption and incompetence in the Federal Minerals Management Service — the supposed regulator of oil drilling. Here’s an excerpt:

    During the Bush years, the Minerals Management Service, the agency in the Interior Department charged with safeguarding the environment from the ravages of drilling, descended into rank criminality. According to reports by Interior’s inspector general, MMS staffers were both literally and figuratively in bed with the oil industry. When agency staffers weren’t joining industry employees for coke parties or trips to corporate ski chalets, they were having sex with oil-company officials. But it was American taxpayers and the environment that were getting screwed. MMS managers were awarded cash bonuses for pushing through risky offshore leases, auditors were ordered not to investigate shady deals, and safety staffers routinely accepted gifts from the industry, allegedly even allowing oil companies to fill in their own inspection reports in pencil before tracing over them in pen.

    “The oil companies were running MMS during those years,” Bobby Maxwell, a former top auditor with the agency, told Rolling Stone last year. “Whatever they wanted, they got. Nothing was being enforced across the board at MMS.”

    Salazar himself has worked hard to foster the impression that the “prior administration” is to blame for the catastrophe. In reality, though, the Obama administration was fully aware from the outset of the need to correct the lapses at MMS that led directly to the disaster in the Gulf. In fact, Obama specifically nominated Salazar – his “great” and “dear” friend – to force the department to “clean up its act.” For too long, Obama declared, Interior has been “seen as an appendage of commercial interests” rather than serving the people. “That’s going to change under Ken Salazar.”

    Salazar took over Interior in January 2009, vowing to restore the department’s “respect for scientific integrity.” He immediately traveled to MMS headquarters outside Denver and delivered a beat-down to staffers for their “blatant and criminal conflicts of interest and self-dealing” that had “set one of the worst examples of corruption and abuse in government.” Promising to “set the standard for reform,” Salazar declared, “The American people will know the Minerals Management Service as a defender of the taxpayer. You are the ones who will make special interests play by the rules.” Dressed in his trademark Stetson and bolo tie, Salazar boldly proclaimed, “There’s a new sheriff in town.”

    Salazar’s early moves certainly created the impression that he meant what he said. Within days of taking office, he jettisoned the Bush administration’s plan to open 300 million acres – in Alaska, the Gulf, and up and down both coasts – to offshore drilling. The proposal had been published in the Federal Register literally at midnight on the day that Bush left the White House. Salazar denounced the plan as “a headlong rush of the worst kind,” saying it would have put in place “a process rigged to force hurried decisions based on bad information.” Speaking to Rolling Stone in March 2009, the secretary underscored his commitment to reform. “We have embarked on an ambitious agenda to clean up the mess,” he insisted. “We have the inspector general involved with us in a preventive mode so that the department doesn’t commit the same mistakes of the past.” The crackdown, he added, “goes beyond just codes of ethics.”

    Except that it didn’t. Salazar did little to tamp down on the lawlessness at MMS, beyond referring a few employees for criminal prosecution and ending a Bush-era program that allowed oil companies to make their “royalty” payments – the amount they owe taxpayers for extracting a scarce public resource – not in cash but in crude. And instead of putting the brakes on new offshore drilling, Salazar immediately throttled it up to record levels. Even though he had scrapped the Bush plan, Salazar put 53 million offshore acres up for lease in the Gulf in his first year alone – an all-time high. The aggressive leasing came as no surprise, given Salazar’s track record. “This guy has a long, long history of promoting offshore oil drilling – that’s his thing,” says Kierán Suckling, executive director of the Center for Biological Diversity. “He’s got a highly specific soft spot for offshore oil drilling.” As a senator, Salazar not only steered passage of the Gulf of Mexico Energy Security Act, which opened 8 million acres in the Gulf to drilling, he even criticized President Bush for not forcing oil companies to develop existing leases faster.

    Worth reading in full.

    Updike at work

    If, like me, you’re fascinated by the process of writing, and how writers work, then you will find this lovely interactive feature by the NYT fascinating. It takes a fragment of Rabbit at Rest and traces its evolution from handwritten ms to typed draft to typescript. Best thing I’ve seen today.

    Abundance

    Strange to think that this poppy seed-pod contains enough seeds to sow hundreds — if not thousands — more of the same. And that the necessary DNA is encoded in each.

    Flickr version here.

    On becoming a news buyer

    Benedict Evans is thinking of buying a daily newspaper. Here he explains the thinking behind this revolutionary act.

    So how do I know what news to read? Google News (a bogeymen of newspaper proprietors even though hardly anyone actually uses it) indexes 4500 ‘English language news sources’ and tells me what they’re writing about. But Google’s algorithm thinks that ‘Wales Online’ is my first source for news on the UK budget – it knows what the stories are, but not where I should read them. I don’t need someone to tell me what stories are important, but rather where they are being written about with insight and judgment. For that Google is even counter-productive – the effect of SEO on editorial sites is to make them hard to read and harder to understand. This is why iPad apps, which can dispense with SEO, are easier to use than their associated websites, and it is why Apple launched ‘Reader’ in the new version of Safari.

    What I want is something curated. After 15 years of gorging on news online, I would rather like to step back, slow down and outsource my news. I would like a sophisticated and intelligent person to choose what stories I ought to read today. I’d like coverage of major UK and international news by people who understand it and aren’t just rewriting wire content and press releases. In other words, I want a newspaper, not news.

    I might even pay.

    I have heard a great deal about how news is a commodity, and about how a newspaper that goes ‘pay’ is doomed because all the content is available for free elsewhere. I’m not sure that I agree. Google does indeed have 4,500 English language ‘news sources’, but how many of them will say anything worth reading about George Osborne’s emergency budget later this week? How may will cover the mayoral race in London? The Milwaukee Journal Sentinel might (or might not) be a fine paper with admirable SEO, but it leads today on lobbying shenanigans in Wisconsin. On the news that matters to me there are surprisingly few good news sources…

    Actually, his point about curation is spot on. It’s why people like me pay quite a lot for subscriptions to the Economist, the New Yorker, the London Review of Books and the New York Review of Books. And why I buy the Guardian (disclosure: I write for the Observer, which is owned by it). It’s because I’m busy and value the editorial sieve that these publications have.