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MPAA seeks to deem embedded videos as copyright infringement

April 11, 2012
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The Motion Picture Association of America is seeking a new judgment on what constitutes copyright infringement, seeking those who embed copyrighted material via YouTube or other sources, not just those who host it. Via Arstechnica:

“The Motion Picture Association of America is squaring off against a coalition of Internet giants and public interest groups over the key question of whether it's possible to directly infringe copyright by embedding an image or video hosted by a third party.

A federal judge took that position last July, prompting a chorus of criticism. Two briefs—one by Google and Facebook, the other by the Electronic Frontier Foundation and Public Knowledge—attacked the decision as contrary to past precedents and potentially disruptive to the Internet economy. They asked the Seventh Circuit Court of Appeals to overturn it.

Last week, the MPAA joined the fray with a brief in support of Illinois federal judge John F. Grady's ruling. It urged the Seventh Circuit not to draw a legal distinction between hosting content and embedding it. In the MPAA's view, both actions should carry the risk of liability for direct copyright infringement.

But as Google and Facebook pointed out in a November brief, previous precedents have found the distinction between hosting and embedding legally relevant. The 2007 decision of Perfect 10 v. Amazon is a key precedent. The Ninth Circuit Court of Appeals held in that case that only the server that hosts infringing content, not other servers that may provide links to infringing content, are guilty of direct copyright infringement. The Perfect 10 decision is a strong precedent because it dealt with the closely analogous case of Google's image search engine embedding copies of infringing images hosted on third-party servers.”

What do you think–fair or foul? Let us know in the comments.

Written by Bryne Yancey

Position: Former Web Editor HQ: Orlando, FL (soon to be Cleveland, OH) Nice to meet you! I'm Bryne Yancey, the former web editor for Alternative Press. Prior to joining AP full-time, I volunteered at Punknews.org and freelanced for Myspace Music and AP, writing reviews and such.  I enjoy 80s thrash metal, leather-jacket pop-punk, obscure 90s/2000s emo, contemporary crust-core, and plenty in between. I'm a big fan of pizza, nachos, dessert, sleeveless t-shirts, wearing shorts year-round, sunglasses, science fiction, dry humor, horror, the Florida Marlins, the Orlando Magic, the Jacksonville Jaguars, and the Tampa Bay Lightning. Vinyl is great; Spotify is equally and differently great. Green Day's "Dookie," Bad Religion's "All Ages," and the Suicide Machines' "Battle Hymns" changed my life. I don't think our scene has ever been as exciting or promising as it is right now. Top ten albums OF ALL TIME (but in no particular order): Saves The Day - Stay What You Are Green Day - Warning Jimmy Eat World - Futures Snapcase - Designs For Automotion Hot Water Music - Caution Metallica - ...And Justice For All The Suicide Machines - Battle Hymns Bad Religion - The Process of Belief The Lawrence Arms - The Greatest Story Ever Told Descendents - ALL Twitter | Tumblr