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« Why YouTube Might Not Go Down | Main | Why the next deal will be a mistake »

October 06, 2006

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Josh - I'm a big fan of your analysis, but I think you've completely missed the boat on this one. The media companies might not be 100% comfortable with YouTube, but unlike Napster, they are negotiating with them instead of suing them. I also think that one could make an arguement that YouTube has significant non-infringing use and shouldn't have to deploy automated copyright technology even if they did get sued. Napster was all about copyrighted music, YouTube is about user generated content and they've been awful cooperative with companies that ask them to take down material. People could use the Betamax to copy movies, but because it had a legitimate use the courts let them continue. I don't see how YouTube is all that different, especially if they continue to comply with the C&Ds. If the media companies really want to get nasty they need to sue the users and not YouTube.

You are right though that someone isn't going to go after Google and in fact all along Google has the same issues with YouTube on Google video, but no one has been crazy enough to go after someone with their legal resources and no one seems to want to talk about why Google isn't being sued already even with the deep pockets.

I'm not convinced that YouTube needs an exit strategy as desperately as you point out. From what I understand they are selling front page ads for about $175,000 per day. That ad revenue alone should produce over $60 million in revenue and even with their bandwidth costs, I've got to figure that it's enough to make them profitable, if not at least get them to the point of profitability.

There is real value to the massive archive of user generated content that YouTube has already archived just like the archives that the studios are sitting on hold value. The difference is that YouTube has figured out a way to let users tap into that content and MGM instead keeps their old TV shows and films locked into a vault until they are ready to over charge for DVDs. You and Cuban can keep saying that YouTube is going to get sued into oblivion or that they will go bankrupt, but if this Google rumor turns out to be true, I think that you'll end up with a little bit of egg on your face.

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