the show: 07-27-06

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Transcript

Ha ha ha hi, this thing I do happens every day!

Huuurrrr

Good morning sports... errrgh... I'm losing my mind.

Good morning Sports Racers... that's the thing that I say. I say it

I-I-I-I-It's Thursday July 27th, knowledge says 'watch out I'm getting pro: I put a light bulb down there'.

CNN Entertainment has reported that Lance Bass, a member of the band 'N Sync, has publicly stated that he's gay.

Oh my gosh! Four of them AREN'T gay!

According to People magazine he didn't come out earlier because he was afraid to harm the group's image.

Earlier this month YouTube got slapped with its first copyright lawsuit. Apparently a guy called Robert Tur filmed a guy called Reginald Denny getting his ass kicked during the LA riots. Because people like watching somebody getting their ass kicked someone uploaded the footage, without Tur's permission, to YouTube.

Tur got pissed off because he owns the copyright to that footage and nobody asked him permission. Now he's suing YouTube because he says the site encourages copyright infringement.

YouTube, whose motto is 'Broadcast yourself', not other people's shit, instructs its users not to upload copyrighted material without permission.

Unfortunately, people don't seem to follow that rule.

YouTube says it's also quick to take down videos when it receives a notice of infringement. Tur's lawyers, however, argue that YouTube's crappy search mechanisms makes it almost impossible to find all the violations - making this solution inadequate.

Even if Tur loses this case some people say it's the death of YouTube. Where would we watch that footage, huuur huuur.

Although this case involves what some would say is professional footage of a guy getting his ass kicked, perhaps the bigger concern for YouTube is your, and my, footage of people getting their ass kicked.

Generally when we think about copyright we think about things that have that cool little C with the circle around it.( © ) But according to US law, original works published after March of 1989 are granted copyright regardless of registration or use of that cool little C.

When someone paints a smiley face on their nuts and takes footage of them bouncing around, they're usually not thinking about copyright. But in the last few months, consumer created video has become all the rage - and those dancing nuts might actually have value.

Because money is potentially involved, getting the permission of the copyright holder of consumer created media is suddenly in hard focus.

Suddenly lots and lots of people are reading the fine print - like the YouTube terms of service. Although that kind of language has been around forever, suddenly it means something different.

Some people could care less about mass distribution of their work without their permission, even if other people make money of off it.

Some people are ok with their stuff being distributed but aren't really cool about other people cashing in on it.

Creative Commons has a series of licenses that you can use to tell other people that you're cool with having them use your stuff.

As long as they adhere to the rules of the license they don't have to ask your permission. Rocketboom, for example, uses the attribution non-commercial share alike license. That means you can use their stuff as long as you give them credit, don't make money off of it and if you create a derivative work you have to release it under the same license.

Unfortunately, some people don't seem to understand the non-commercial part of that license.

According to Rocketboom's blog, a commercial site called PodShow hijacked Rocketboom's videos, put ads around their show, and didn't provide a link back to the Rocketboom site.

Pod Show's legal policy states that 'Pod Show respects the intellectual property rights of others'.

One of the founders of Pod Show is Adam Curry, seen here in a copyrighted MTV video clip that was illegally uploaded to YouTube and then re-published on his PodShow.com blog.

By the way, they did the same thing to my show.

If and when real ad dollars start hitting the world of consumer created online video, more and more companies will try to profiteer off other people's work.

Consumers who are putting more and more work into the stuff they make will start having to think about the finer points of copyright law. And it's precisely this attention to detail that places like YouTube are worried about.

This is Ze Frank, profiteering so you don't have to.

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