Monday, August 27, 2007

Viacom And NBC Inject Themselves Into Online Video Litigation

Viacom and NBC aren’t content with suing YouTube and other video sites for copyright infringement - they are also trying to inject their opinions into other lawsuits that they are not otherwise involved in.

Last week Viacom and NBC petitioned to file a document known as an Amicus Brief in a little known case between Veoh and an online porn site called IO Group. Amicus briefs are a way for people or entities not involved in a given case to let the court know what they think - they are usually filed by those who have some interest in the outcome of a case because it affects their business in some way. Courts often welcome them because they amount to free research and can be used to help them come to a decision.

Does this mean Veoh can soon add Viacom and NBC to the growing list of companies they are fighting in court? Probably not. Veoh is fighting to keep the brief out of the court’s hands, but is also making it clear that they don’t want to end up with new litigation with Viacom and NBC. In fact, the two companies continue to negotiate on a distribution deal. Veoh CEO Steve Mitgang says:

This is a critical juncture for both service providers and content holders and, ultimately, users. We do not see Viacom’s brief as an indication of lack of interest to work with us; in fact, all of our conversations withthem and other studios have become increasingly positive. That said, we do think this move reflects the importance of our case to the studios and the industry.

The cases being litigated now are crucial in determining what level of freedom video sites have in letting their users upload and distribute content. Content owners are not happy with the protections provided under the DMCA - they want video sites to be far more proactive in stopping uploads in the first place. The outcome of these cases will guide how much freedom these video sites have to continue current practices, and ultimately determine the value of these companies down the road.

InviteShare In The Press

Michael Arrington

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Associated Press writer Rachel Metz covers InviteShare, the company we acquired last month that lets users get hard-to-find invitations to private betas.

I spoke to Rachel a couple of times while she researched the article. She mentions the fact that some startups might not like the fact that InviteShare allows people to bypass the normal invitation mechanisms they set up. But she also gets the fact that if someone wants into a beta badly enough to go through InviteShare, they are probably the perfect person to test the product. And the days of people paying for beta invitations on eBay should be long gone now.

France’s Jooce Enters WebOS Space

Michael Arrington

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New Paris startup Jooce says they are targeting the “cybercafe generation” with their new Flash-based web operating system and sharing platform.

Jooce is most like Goowy, another Flash based web OS/desktop. But Jooce is different enough to merit a closer look. They says 500 million people a day log on to the Internet from a cybercafe, and they are the target of the Jooce product. They want access to core customized applications like instant messaging, storage, media player, email and widgets. Jooce offers all of that, and is also a private sharing network among friends.

Every user has their own private desktop for IM, email, storage, etc. But they also have another desktop that friends can access and grab shared files, or drop off a file that they want to share.

The company has raised an initial seed round of financing from Mangrove Capital Partners, one of the original investors in Skype. It is currently a closed platform, but they will be releasing an API in the near future.

Jooce enters a crowded space but is targeting a clear audience. Being backed by Mangrove doesn’t hurt either.

Israel-based G.ho.st, another web OS startup that recently launched, is taking a different approach from Jooce. They’ve built some basic applications to show off the platform but are counting on third parties to do most of the heavy lifting via their API.

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