Following a controversial court ruling last week ordering user generated
content (UGC) site YouTube to divulge potentially sensitive user viewing data
to Viacom, the online community has been awaiting an official reaction from the
company.
In an announcement posted over the 4th of July long weekend on
site?s official blog, the YouTube team voiced their opposition to the decision
and endeavoured to reassure users that every effort was being made to safeguard
their privacy.
The first point underlined is that the demands granted to Viacom exceed
the requirements of their stated purpose, i.e. to ascertain the proportion of
viewing requests on YouTube that entail a breach of copyright. Specifically, the post claims that the
provision of IP addresses and usernames is of no use in mapping general viewing
practises. On the implicit basis of the
?need to know? principle, YouTube has instructed its lawyers to ask Viacom?s legal
counsel to allow for the removal of the elements concerned from the information
that is handed over.
With a view to mitigating users? concern over their privacy in the event
that this request should not be granted, the post also highlights the fact that
an IP address alone can serve to identify only the geographic origin of a
request, the internet service provider and the computer used, not the actual
person behind it. It should be remarked,
however, that usernames may function as a positive and personal means of
identification.
YouTube insists that, ?We'll continue to fight for your right to share
and broadcast your work,? which tends to suggest that an appeal against the
decision will be filed. It also refers
to the limits placed by the court, namely the denial of Viacom?s request of
access to private videos and You Tube?s own search technology, as well as the
restrictions placed on further circulation of the information concerned. The fact that it describes these concessions as
?encouraging? could also be taken as a hint that further legal action is to be
expected.
From the user perspective, YouTube user Stickings90 expressed concern in
reply to YouTube?s blog entry that there are ulterior motives behind the court
order, ?There is concern that the performing rights organisations are going to
use the IP addresses to prosecute everyone who has merely viewed these video
clips as well as those who uploaded them.
an anyone advice if we should now avoid viewing any music videos or
clips of tv programmes on YouTube. If we have seen the odd music video, do we
need to start getting a lawyer??
YouTube reinforced the need for collecting such data in the first place,
stating, ?it helps us personalize the YouTube experience, getting you closer to
the videos you most want to watch. We have many features on the site that help
users discover and share compelling content, and we're improving the video
experience through recommendations, related videos, and personalized directories
that help you find meaningful videos.?