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Why You Can’t Make Business Decision Based on “Law”(suits) March 13, 2007

Posted by David Card in Media.

Maybe the Digital Millennium Copyright Act is nuts. But isn’t the real risk of Viacom suing Google that perhaps a real, live court case will uphold the safe harbor provision? That is, Google’s argument: “Hey, it’s not my problem — if you show me the copyrighted stuff, I’ll take it down. But I don’t have to do anything till you show me.”

I’m still pretty sure that this is a flagrant example of negotiating a deal in public. And the Journal has a good story that helps illustrate that absolutely no one knows how this will come out. Be sure it’ll take a while.

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