DTNS 2631 – Fair UseTube

Logo by Mustafa Anabtawi thepolarcat.comAs YouTube Creators get legal support from YouTube are they also becoming the establishment angry at others using THEIR work? Is Facebook the next battleground? What is fair use anyway? Patrick Beja and Tom Merritt discuss.


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Show Notes
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2 thoughts on “DTNS 2631 – Fair UseTube

    1. This video is a good explanation of how Facebook’s video views number is manipulated by Facebook, as well as the poor method for lodging a complaint. And we acknowledged that on the show.

      It does not refute my point that if videos had not been uploaded to Facebook they would likely not have got all those views and therefore the views are not “stolen”

      This is the same illogic used by record companies when they attempt to put dollar values on “stolen” digital downloads by assuming every single download would have been paid for otherwise.

      -This Freakonomics article explains the problem with how to estimate the actual damage of music piracy: http://freakonomics.com/2012/01/12/how-much-do-music-and-movie-piracy-really-hurt-the-u-s-economy/

      -This GAO report shows that most of the rhetoric claiming piracy losses were invented: http://www.gao.gov/products/GAO-10-423

      In fact the video does point out the issue with Facebook’s autoplay causing a higher number because the view is not real. If the view is not real it’s another reason not to consider that view a “stolen” YouTube view.

      The valid point is that Facebook prioritizes its video links.

      Sometimes this kind of exposure even though unwelcome, can actually increase the original work.

      Again this has been shown in torrent piracy.

      This Motley Fool article describes several articles showing that illegal torrent downloads actually boosted sales by providing more exposure: http://www.fool.com/investing/general/2014/06/13/does-online-piracy-help-boost-sales.aspx

      Here’s more about the London School of Economics Study showing piracy was not harming entertainment industries: http://www.cbc.ca/news/business/digital-piracy-not-harming-entertainment-industries-study-1.1894729

      Is there data showing the general effect of popular “freebooted” videos on Facebook? Can we show that the original youtube videos get fewer views than expected? Or more? Or no effect? Without such data assuming they have a negative effect is unknowledgeable.

      IN fact this quote from the In a Nutshell video:

      “They’ve built their empire on stolen content and disregard for original content creators.”

      is extraordinarily similar to Viacom’s accusation in court documents against YouTube in which they said YouTube founders made a “deliberate decision to build a business based on piracy.”

      In short, our comments about videos on Facebook were not ill-informed but very well informed, just different than your feelings. And that’s OK. All I ask is that if you disagree you refrain from name-calling and conduct an evidence-based discussion. It’s quite possible that you’re right and if you have some good information to back you up I’ll change my opinion. Until then I feel like some creators are (quite understandably) reacting emotionally the same way big media companies did to the rise of Bittorrent.

      I also feel very strongly that we need to learn the lesson that the Internet is an infinitely copyable medium and any business model built on restricting that copying is destined to struggle against its own customers.


      All that said, THANK YOU. It’s challenging posts like this that keep us thinking about why we take the positions we do and that makes for a better show and better discourse in general.



      BTW, linking to the video is not the most effective way to get this side of the debate out. Hank Green’s article is better researched and easier to consume if you’re not in a place to watch video


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