When Google bought YouTube, the conventional wisdom—expressed in op-eds, newspaper articles, and scary editorial cartoons—was that they’d also bought themselves a whole heap of copyright trouble. The New York Times used the phrase “litigation-laden landmine.” Part-time copyright theorist Mark Cuban warned that YouTube would face the same copyright fate as Napster.
There’s only one problem with these theories: the copyright law itself. Under the copyright code, YouTube is in much better legal shape than anyone seems to want to accept. The site enjoys a strong legal “safe harbor,” a law largely respected by the television and film industries for the choices it gives them.
But the most interesting thing is where all this legal armor protecting YouTube—and most of the Web 2.0 (user-generated content) industry—comes from. It’s the product of the Bell lobby—Google’s bitter opponent in the ongoing Net Neutrality debates. So, while YouTube may be the creative child of Silicon Valley, it is also, as much, the offspring of Bell lobbying power.
Back in the early 1990s, when the “information highway” was the talk of the town, Hollywood and the recording industry worked hard to make Internet companies responsible for any and all copyright infringement that happened via the Internet. Jack Valenti, Hollywood’s chief lobbyist, warned that without congressional action, “the information superhighway … will collapse the great wonder of intellectual property.” The recording industry, for its part, dispatched Johnny Cash to rhetorically link Internet piracy and, yes, a “ring of fire.”
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