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Summary:

A court in Paris has ordered Dailymotion to pay damages for unlawfully carrying a clip from a 2005 movie by a French director. The Franco-ce…

A court in Paris has ordered Dailymotion to pay damages for unlawfully carrying a clip from a 2005 movie by a French director. The Franco-centric video-sharing network included an excerpt from Joyeux Noël, a film drama about a Christmas truce during World War I directed by Christian Carion. The site was ordered to pay Carion a symbolic EUR 1, producers Nord-Ouest EUR 13,000 ($17,914) and distributors UGC EUR 10,000 ($13,780). It was ordered to publish the full ruling on its website for eight days and to remove the clip immediately. (Via Variety). Early this month, Dailymotion rolled out Audible Magic copyright detection software, but the software would not detect illegal clips uploaded before its implementation, the site said. Dailymotion publishes copyright and prohibited content notices on the site.

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  1. The judge condemned DailyMotion to pay (limited) damages, that is correct. But the court also confirmed a key point, which is that DailyMotion is a hosting provider and not an editor. This is very meaningful since this is core to the value proposition of being a user-driven platform dedicated to creativity and self-expression. In other words, DailyMotion can operate under the safe harbours guidelines provided for in the European Directive on the matter. Noe that is in contrast to the case of Lafesse-MySpace whereby MySpace was condemned as an editor. Another point to note is that the payment is not effective immediately if DM appeals; this is rare under French Law. What the judge wants to ensure is that DM uses all the means in its power to fight piracy at upload. The methods that have developed and deployed by DM (there are a number, some of which we do not disclose as we consider them to be a competitive advantage) were not used in this case. So all-in-all we are comforted in our ability to run the business as a hosting company and monetize our inventory. This legacy lawsuit will be superseded by the efforts and methods put in place to fight copyright infringement very proactively. I see Metacafe and DailyMotion as the best of breed in this regard. Just have a look at places like http://www.tv-links.co.uk or alluc.org and see how much content is driven by other "brand names" in the segment, including YT for that matter youtube.

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