The Delhi High Court has given YouTube and T-Series time to settle their copyright infringement dispute, and the case will be heard next in July. Representing YouTube and Google (NSDQ: GOOG), legal bigwig Arun Jaitley said that YouTube doesn’t upload the content on the site – people from all over the world do. They have no control over the “entry of people” – every day, around 50,000 people from all over the world upload content. If T-Series were to give YouTube 5000 of their copyrights – and they don’t want originals, garbled copies will do – YouTube will remove the content. Referring to the Digital Millennium Copyright Act (DMCA), he said that every time an instance of violation is pointed out, YouTube will remove it. 51 titles were given to the Google owned company by T-Series, and they have been removed. Pravin Anand, representing T-Series, countered, saying that despite their giving YouTube information, as of the evening before the hearing, the songs were still there. He said that American law (the DMCA) is not applicable in India, and T-Series’ copyright should not depend on their supplying material to YouTube – it shouldn’t be that “you will remove it only when we ask you to”. The company should not suffer because of defective technology.
The hearing, which was held last Friday, was rather short and repetitive (I waited over 3 hours for it to begin), and to me it seemed as if both parties didn’t mind “taking it offline”. So expect major negotiations over the next few months. One can rest assured that YouTube will not want to set a precedent that other copyright owners are waiting for – and believe me, there are many of them waiting for a verdict here, including those who have already signed up with YouTube.