Justin.TV Turns To Law Professor Eric Goldman As It Battles Live Video Piracy

Monday, March 15th, 2010

Erick Schonfeld is a technology journalist and the former Editor in Chief of TechCrunch. At TechCrunch, he oversaw the editorial content of the site, helped to program the Disrupt conferences and CrunchUps, produced TCTV shows, and wrote daily for the blog. He joined TechCrunch as Co-Editor in 2007, and helped take it from a popular blog to a thriving... → Learn More

Before livestreaming video networks like Justin.TV can become attractive to advertisers, they need to deal with their piracy issues. It’s the same thing YouTube had to go through, except with live video streams. Like YouTube, Justin.tv complies with DMCA takedown notices and is developing digital fingerprinting technology to identify copyrighted video on its network automatically. It also invites copyright owners to police the site directly.

Despite these measures, a casual perusal of the most popular streams on Justin.tv is filled with pirated streams of professional sports, TV shows, and movies. Right now, for instance, you can watch King of Queens or CNN International, taken straight from TV. The company finds itself increasingly under fire for copyright issues. To help it deal with these issues, Justin.tv now has a new adviser, Eric Goldman, the director of the High Tech Law Institute at Santa Clare University and a highly-respected Internet law blogger. Unlike Justin.TV’s very-expensive lawyers at Wilson Sonsini, Goldman will be less constrained in speaking publicly on behalf of the company about these issues.

Goldman is an expert on how copyright law is applied to user-generated content. But in many ways live video on the Web is a new beast. It is hard for even a vigilant copyright holder to deliver a takedown notice if the video is only live on the Web for an hour. Competitor Livestream takes a “Zero Tolerance Policy” on piracy and challenges its competitors to do the same. Livestream does pretty much the same things Justin.tv does to fight piracy, with one major exception: it limits new channels to 50 concurrent viewers until the channel is authorized manually as a legitimate channel. Should Justin.tv do the same thing? Goldman dismisses Livestream’s zero tolerance policy as somewhat of a marketing pitch, but he thinks the concept of limiting a user’s “ability to put up content until they are proven trustworthy” is worth exploring.

CEO Michael Seibel notes that Livestream can do that because it is pursuing more of an enterprise strategy than a consumer-driven one. He also notes: “We work with the copyright owners. If copyright owners were not happy with us, they would be suing our pants off.” So far, Justin.TV has not been sued in the U.S., while competitor Ustream cannot say the same. Seibel sounds sincere when he tells me, “I don’t want that content on my site.” He really believes he can make money off the pure user-generated video, which costs him one third of a penny for every hour streamed, versus the half-a-penny per hour he can make just on remnant ads.

But if Justin.tv is really serious about cleaning up the pirated streams on it network, why not simply police itself and strip the most questionable content from at least the most popular channels to start? In the bizarro world of created by the DMCA, legally it can’t. Under the DMCA, the responsibility for finding copyright violations lies with the copyright holders. The second that a site starts to take on that responsibility itself, it risks losing the protection of the DMCA’s “safe harbor” provision. So Justin.TV can give copyright holders the tools to remove content from the site, but can’t do it themselves.

Company: Justin.TV
Website: justin.tv
Launch Date: October 1, 2006

Founded in October 2006, Justin.tv is the largest online community for people to broadcast, watch and interact around live video. Using only a laptop, you can share your event, class, party or thoughts, live, to anyone in over 250 countries while they chat in real-time with you and with other viewers. With more than 41 million unique visitors per month and 428,000 channels broadcasting live video, Justin.tv is the leading live video site on the Web, enabling users to...

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Company: Livestream
Website: livestream.com
Launch Date: May 1, 2007
Funding: $12.7M

The original Livestream is the market leader for real time event coverage. With simple to use technology, our service allows anyone to broadcast live to the web, as well as being the top destination for live content from around the world. Our content partners include Facebook, The New York Times, ABC News, CBS News, Associated Press, HBO, AT&T, PepsiCo, Electronic Arts, Adidas, The Academy Awards, Warner Bros. Records, Paramount Pictures. Livestream operates with over 120 full-time staff members in...

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Company: Ustream
Website: ustream.tv
Launch Date: June 11, 2006
Funding: $62M

Ustream, Inc. is the leader in live and interactive video streaming. The interactive platform connects broadcasters and viewers of unlimited size through innovative technology including co-hosting video features, IRC chat, Facebook, and Twitter. Ustream’s free and premium solutions allow any broadcaster to create their own customizable channel with robust social and notification features to enhance visibility and virality across multiple platforms. In addition to the embeddable player and chat module, users are able to broadcast and view content while...

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