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Tuesday, July 22, 2008

If YouTube actively regulates porn it loses to Viacom

Mark Cuban makes an interesting point about the data Youtube has been forced to hand over to Viacom.

"What will really tip the balance of power in this case, now that every viewing instance will be in Viacom's possession, is the answer to how Youtube deals with porn.

Who identifies the porn on Youtube ? According to Youtube, its regular users who police the site. Personally, I dont believe it. Whether its individuals or technology that keep porn off of Youtube, it really doesn't matter. If Viacom can use this data to show that Youtube manages the presentation of porn in any way, then they lose their DMCA protection.

Which means they lose their case to Viacom."

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