Owl Tube
The Domain Owl has been watching how Viacom is treating the YouTube matter. Sure, YouTube started out with the best of intentions. People scrupulously followed the rules. But then things changed. The mass of uploaders was impossible to police and bottlenecked the very fluidity of rapid dynamics YouTube launched the site to encourage. Onward rolled the subpoenas.
Everybody and their brother knows that once YouTube members started uploading pieces of movies, and scored fan videos, the gloves were off and billions of illegally copyrighted sequences were online. But instead of learning what the public wanted, copyright holders went screaming to the authorities. They demanded that YouTube comply with copyright laws or be shut down. YouTube stayed up.
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In a world where digital video, desktop publishing and independent movie making run rampant, the studios and the corporations decided that file codecs and lashings of wealth were more important than imagination and website participation. In a world without the internet, they would have been right. But that world is gone, and the laws that governed it are out of date.
But the Internet is here. Digital manipulation of files for commercial purposes and uploading for illegal download are not the same thing as making a fan based video for fun and uploading it for friends and browsers to enjoy and comment on. But companies like those suing Viacom would prefer to control the content people use and enjoy even in their own homes and on their own computers. The law does protect them, to some extent.
But using copyright law to prevent the creation of fan videos and new media products rendered by wit, imagination and artistic creativity is wrong. It’s like living in a Nazi state where the origin source and form must equal an equally palatable end product. Companies like Viacom want to encourage growth and differentiation instead of control of that end product. And thing is, on the World Wide Web, they can’t control other people. That genie is out of the bottle.
If companies like Viacom had keyboards for hire in the tens of thousands churning out fanvideos and uploading them onto a content controlled channel, that would be one thing. They could then claim that the abyss between individual art and corporate warez has been closed. But no such effort has taken place. If entertainment channels provided all the entertainment people wanted there would be no viewers per hours versus the extant millions.
But YouTube users are using their digital cameras to film an episode of Glee crosswise off their screens. How can that threaten a billion dollar corporation? The Internet opens up vistas of creativity (not the Windows kind) that a company like that would never dream of. And once those pictures images and sounds and ideas are in the minds of millions of viewers, they can’t control the use of it, only the resale of it.
YouTube shows ads while content from other media and other creators shows. YouTube derives compensation and consideration from sponsors, created by the volume of users. A dalliance with the idea of a paid YouTube fee enraged copyright holders and studio entertainment behemoths even more. How dare once cent of revenue anywhere on this existential plane be exacted without their cut?
I read in the newspaper a few days ago that Viacom was challenging the judge’s interpretation of the law as it read in some clause in one of hundreds of contracts to govern these matters. Frankly, the language and terminology have obscured the issue by now. YouTube is a fact. Find out how to make money out of it or get back to work.
What I’ve never seen any of these studio companies do is launch a challenger for YouTube, even though they own the copyright to the material YouTube can’t use! That would be the way to go. But right now Hulu, Guba, DailyMotion and others own that space. And domainers trying to figure out what is legal and downright plagiarizing would have a better purview.
Until the movie companies can decide on a universal thin client with working download parameters (like Itunes) the online users will shape and visit download sites like the Pirate Bay. And justice doesn’t move swiftly enough to capture the lightning changes of forwarded masked domain urls and scripted squeeze pages. Frankly in my opinion affiliates should be tasked with reviewing what site content they pay revenues off of. Honest domainers would come out clean in that wash.
The Google-owned era of YouTube does show videos taken down due to copyright. To find the same level of creativity must one launch a pirate Tube on a dedicated server? With Google purchasing Widevine, bailing on Groupon, and getting scrutinized the EU, they’ve got enough to worry about. Viacom could find a better use for that money. Try paying some artists better fees or funding some films.
What is really happening is that one company wants to be paid because they missed out cashing on the Internet. At this time one would think they would move on and stop trying to turn back the clock. That way the internet and domain name developers could proceed along their chosen paths without Plan B and workarounds for whatever lawsuit YouTube is involved in this week.
The purposeful promotion of a domain name via a website takes work. When the domain investment nears payoff, the website has been completed. This is the end of the road. The next step is to prepare a price estimate for sale. This is when the mining of stats and the reporting of tracked links can be used to derive a auction price or private sale price for the domain name.


