Reconciling YouTube and Grokster: Business Models for Web3.0
Hyatt, Hill Country AB (208 Barton Springs Rd)
Speaker: Olivera Medenica, Kaiser Wahab, Adrian Sexton, Jeff Dodes
About: As media giants wage a piracy war, “infringement” is not the real issue, but rather “predictability” as to what makes a digital content delivery business model lawful. Indeed, the recent Viacom v. Google decision is on many levels a conflicting retread of the Grokster ruling, making it more apparent than ever that courts have failed to provide consistent parameters. To truly make digital content delivery a viable industry in the long run (for content creators and new marketplace entrants), a coherent framework governing how third party content may be exploited must be devised. In other words, digital content delivery players need clear and reliable guidelines to assess whether their business model is permissible or not. This panel will deconstruct the latest line of cases in order to outline the framework upon which new business models can be built. To do so, panelists will look at the Grokster and Viacom cases, and compare them to other decisions that could impact the structure of any such business model. The panel will examine what constitutes the “inducement” of copyright infringement, and will parse out still uncertain areas of the law from those that are well established. Based upon those preliminary conclusions, panelists will establish basic principles upon which any new business model needs to be built while looking forward to new technological development.