Subpoenas and Gootube: This past week I decided to subpoena Google to get the names of users that were uploading copies of our movies. I have no intention of pulling an RIAA and suing the users. I do have every attention of sending subpoenas early and often to get the names and emails of users uploading our content they have pirated.
Why? To learn.

I expect that the users will have given fake information, but i want to confirm that is the case. It will be a useful data point. I find it hard to believe that when there is ultimately a legal battle, that the courts will allow a company that I suspect that from time to time we will get the emails and actually be able to make contact with users. That is when it could get interesting. I want to ask them some simple questions. The first of which is why ? Sure there are a lot of possible and obvious answers, but maybe the will tell me something new or interesting that I can learn from.

The 2nd question will be whether they were induced by Google in any way to upload the video. Not that I think Google coerced them in any way. I don’t. But I want to know if they feel that Google endorses and supports uploading and streaming of pirated content. I want to know why they ignored the warnings that are on the video upload page.

Gootube flaunts its position that when pirated content is hosted on Youtube or Google Video, they are legally safe. Think that might send a message that encourages their users to upload pirated content? Think maybe people who ignore the copyright warnings prior to uploaded pirated content might feel safe doing so because of Google’s public position? Or the fact that they see pirated content all over Youtube and Google Video, so it must be OK to ignore the warnings?



  1. Tom 2 says:

    this guy is a doofus. thats why.

  2. sdf says:

    (yawns)

  3. Angel H. Wong says:

    *yawns*

    That’s contagious!

  4. undissembled says:

    Mark Cuban got rich and turned into a dick.

  5. Vince says:

    Your haircut, Mark…Why?

  6. V says:

    There is an interesting point to this. Why aren’t more people doing real research on piracy, so they can learn to adapt to the darknet instead of just scream at it?

  7. Hey Mark:
    Damm, I hate when people hassle others over content floating over the net.
    The internet is a sandbox that we all play in and have a great time. Most people respect an authors content,
    In addition,
    We all know if you see a picture or a video thats cool its going to end in email boxes around the globe.
    Just add a Water mark to the content so the end user knows its your property.
    Many video hosting sites automatically add the water mark.
    In addition,
    Today you can embed objects to keep track of the content
    What I have a problem with is when the content is altered and sold at a large profit.

  8. GotoDengo says:

    Some people learn to become self-important douchebags, others are born that way. Mark seems like he was destined to be one.

  9. Brian says:

    The pettiness and jealousy of anonymous internet posters is staggering.

    He made billions and seems actually interested in tech (see HD.net). Perhaps your anger and agression could be better directed at the RIAA, the big media conglomerates, etc.?

  10. curmudgen says:

    Richard, May I STEAL your photos from your site??

  11. SN says:

    Why do people talk about TV shows around the water cooler at work? Why do we talk about what movies we’ve seen? Why do we give girl friends mix tapes? Why do we buy DVDs of movies we’ll probably only watch three times, tops?! Why do we buy music when we can listen to the radio for free?

    Basically, I’m saying that asking “why” is idiotic.

  12. SpammedALot says:

    If you’ve watched his short-lived show or participated in his blog, you might’ve come to the conclusion I have: Cuban’s an ass. Of course that’s just an opinion. I could be wrong, and Cuban might not be lying about his legal intentions towards those who’ve put ‘his’ content on sharing sites. Anything is possible.

  13. Jägermeister says:

    I’ll give Mark the two top reasons why people are pirating:

    http://tinyurl.com/k9qss

  14. Mr. Fusion says:

    Back in the olden days, I had to answer that question in a Philosophy class. ”Why”. Knowing ahead of time that the well used answers of “Why Not” and “Because” would garner an automatic failure I actually had to put some thought into it. At this late stage in my life I don’t remember my less then one page answer (many wrote novellas), but let it suffice I passed the test and course.

    So when Cuban asks why, WHY NOT
    and if that doesn’t work, then BECAUSE

  15. Jason says:

    Ah, Cuban is a savvy guy… He is looking to contact these pirated content-uploaders so he can coerce them in to testifying that Google/Youtube (‘Gootube’ is a DUMB name) enticed them in to the ‘crime’ of video piracy, and them go after the BIG money to be found in Google. What a scumb bag — get a life, Cuban!

  16. First off I met Mark Cuban and hes a good guy.

    Curmudgen:
    Send me an email, and their is a good chance I will give you permission to use any one of the images on the website for free as long as its not to make profit. EG: Print mag
    All I ask is that you credit my work..
    And this holds true for just about everyone.

    Back in December I had two photographs published in Red Herring magazine. Pre Launch Microsoft Vista, Nasdaq exchange.
    One photo is of Steve Balmer, The online version of the magazine published the photo, which was excellent btw, with out any watermarking… So anyone can download it and use it.

    I am not issuing court appearances to anyone. I think its silly.. If you don’t want people to see or use the shot then don’t put it on the web!
    To take someones life and punish them for using someone else’s
    image or video just doesn’t make any sense to me at all.
    I for one just don’t buy into that.
    If my images are being stolen I will use better methods to protect my self.

    I started TCF.Net back in around 1992 as a home page on a non profit 501c-3 unix box. Dorsai Embasi to be exact. Dorsai is one of the oldest pops on the net. Many years ago every so often I stopped by dorsai and showed people how to telnet on to the net and navigate a text based WWW.

    I also dedicated many many years of service to the non profit computer clubs in different capacities, as director and vice president. One of the clubs is second oldest club in the country. I was also on the board for many years of the oldest still active computer festival in the country.

    I left the clubs many years back for political reasons.
    One of which too many genius ass’s in one room.
    If you know what I mean.

    I set TCF.NET up not to make a profit and I intend to continued in that direction.
    For many years differnt friends provided me with free hosting. Dorsai being the first people to give me a break. I funded everything elese including registration fees.

    I don’t even accept google adsence. on TCF.NET

    On TCF.NET
    I post articles about product and companies I like. I list trade shows and links that I feel are worthwhile. Most of the times I don’t attend the events. I could be busy every day going to an event stuffing my face with fried shrimps and Canada dry.

    I been doing TCF for 14 years now.

    I believe in helping others makes all of us better. When we turn our back on others then no one gains. We steal from others then no one gains.

    “The Technology we have today is a direct result of people gathering at computer clubs, sharing ideas and helping each other. I can assure you this! ”
    I can rattle of hundreds of names of top people industry that came from the user group community.

    Now as far as my photographs,
    I know what I put on the web.
    My policy on of Photos on my website is very liberal and I base it on the honor system.
    My photos where ripped off many time and I know it.
    I don’t loose any sleep over it.
    I post high quality Images so people can enjoy them.
    Sure I could 640x 480 every shot with a fat watermark. But I don’t want to.
    I know my photographs are enjoyed and provide an overall benefit.

    Geessse, The last thing I want to do is nickel and dime people…

    Many website, my space account, fan networks, forums, newsletters, link to my images. Its very easy for me to block this traffic.

    I know Who hits my website because I review my detailed web traffic reports on a daily basis.

    The people I photograph I typically give them permission to use the image as long as they credit my work.

    Hey I was submitting images to a newspaper and they would wipe out my name, superimpose one image with another image and publish it. And I had no clue who they resold the shot to.

    If a company is really legit they will not steal the shot.

    So if you like my work then let me grow and give back to my friends on the web.

  17. curmudgen says:

    Richard, thank you for a civil answer.

  18. TJGeezer says:

    Second curmudgen’s answer. Wouldn’t it be great if the entertainment mafia, the ex-prosecutors who mostly comprise congress, and others who prattle about IP rights understood the value of community?

    Instead we get the RIAA killing a music community (Zapster) and then whining about “pirates” when their CD sales slump.

    Thanks, Richard.

  19. Geeeze, Have I got a story!!!!!!!!!

    Well I will give you an idea just how crazy society has become especially after 911.
    This winter I decided. to head on over to the Chelsea piers 23rd street in NEW YORK CITY and take some pictures. So I took some shots nothing great. I had my telephoto on so I snap a few out into the water way.
    The time was before Christmas so their where companies parties going on.
    The piers are a fun place to visit
    One shot I took was of Malcomes Forbes group of very rich investors all dressed up in bow ties heading out for a boat party on the Forbes yacht. A very nice yacht at that. The picture came out great.
    I’m going to look for it and upload it to my site.

    Anyway as I was walking around, I needed to re tie my sneakers so I put one leg on a step and tied it the camera was pointing down and not on use. I then proceeded to walk away and 2 younger security guards wearing red tee shirts approach me and say “hey thats some camera you got are you a professional”? So I said yes sometimes.

    They said well you can’t take pictures here and we need to see what you took…I said I don’t understand I see people here with cameras taking pictures all the time Why can’t I?
    (BTW the Chelsea piers is a tourist spot.)
    They said because you said your a professional and in addition you took pictures of the foundation and in fact we need to see everything you took. The foundation I screamed why would I take pictures of that every detail about the chelsea piers is pubic information and on file with NYC buildings department.

    You need to come with us your on private property. And the pictures you took on our property you can’t use because every thing is trademarked. If you use the images we will sue you.

    Thats the policy of Chelsea piers. Chelsea Pears is owned by a private company. He said.

    So I very politely said “Blow me” and told them if you touch me or attempt to touch my camera I will bang both your heads together.
    However I would like to speak to your supervisor and try to find out whats going on here.
    They told me where the office was and took off…LOL..they did showed up in the security office.
    The head of security looked like fat Albert.
    Anyway the boss apologized and claimed they where being over careful however,
    I agreed not to take any more pictures because it was just too much excitement for one day.


0

Bad Behavior has blocked 4303 access attempts in the last 7 days.