Fox Goes After YouTube for '24' Leak

Fox Goes After YouTube for '24' Leak

Legal experts say that Fox's move to subpoena YouTube and LiveDigital is simply the first necessary step in the process of obtaining information that would identify the uploaders of the episodes of "24" and "The Simpsons," and hold them responsible for copyright infringement.


    In a move to uncover who uploaded pirated episodes of popular television series "24" and "The Simpsons," Twentieth Century Fox has subpoenaed video-sharing sites YouTube and LiveDigital, The Wall Street Journal reported.

The News Corp. studio filed the subpoenas on January 18 in the U.S. District Court for the Northern District of California. According to the Journal, the subpoenas ask YouTube and LiveDigital to divulge identifying information for the subscriber who posted the shows so Fox can stop the infringement.

Fox's subpoenas noted that the entire four-hour premier of "24" appeared on YouTube before it was originally broadcast on television. Twelve episodes of "The Simpsons" were also being distributed on YouTube, according to the Journal.

Notice and Takedown

Legal experts say that Fox's move to subpoena YouTube and LiveDigital is simply the first necessary step in the process of obtaining information that would identify the uploaders of these episodes and hold them responsible for copyright infringement.

Under the "notice and takedown" provisions of the Digital Millennium Copyright Act (DMCA), sites that receive notice from copyright holders are required to remove the infringing content. However, these communities would not be required to release information about the identity of the posters.

In fact, YouTube and LiveDigital are bound by privacy policies that limit the information they can provide without a subpoena or court order, according to Michael R. Graham, intellectual property attorney and partner with Marshall, Gerstein & Borun LLP in Chicago.

"It appears that both sites have acted in accordance with the DMCA and I presume they will also provide the information requested by the subpoena," Graham said. "While this process may appear complex to some ... it is actually quite straightforward and ensures protection of both Fox's copyrighted programs and the privacy of site users."

Hitting the Circuits

According to the Journal, Fox said it officially notified YouTube about the pirated episodes and requested that the Google property immediately remove or disable access to the service.

Fox also issued a subpoena to LiveDigital after it discovered that the same group of episodes were uploaded there by a user named "Jorge Romero."

Even with the information these sites can legally provide to copyright holders, it might be difficult or impossible to track down posters of illegal videos if those individuals used any of the various anonymizer programs that are available, Graham said. To prevent continued posting of copyrighted works, both YouTube and LiveDigital need to cooperate, he added.

"In these cases, some solution needs to be arrived at that prevents users hiding behind such systems from repeat postings," he concluded. "Copyright owners and digital content sites would be well-served to work together to develop workable procedures and practices to assist each other in preventing and prosecuting such infringements."