Google and YouTube also stand accused of not developing software quickly enough that can filter out pirated content automatically, although this capability is coming. In addition, under the rules set out by the DMCA, YouTube removes content when notified it is infringing, and has limited video clips to 10 minutes or less, forcing people to either create sub-10 minute clips, or to split longer clips into 10 minute or smaller chunks for people to enjoy.

But one this is clear: YouTube and Google have not uploaded pirated content themselves. It is their users who have done so, and who continue to do so on other video sharing sites out there - the users that all won Time Magazine's 'Person of the Year' last year. In 2006, we were all on the cover of Time Magazine. In 2007, it's almost like we're all being sued by Viacom, with Google the big umbrella keeping us all safe.  

The Viacom case against Google and YouTube is the big test case for content and copyright for the year 2007, and will set the tone for the entire industry, as competing video sharing sites are likely to be very much affected by the outcome of the case.

Other media companies are closely watching developments in the case as they wait and see whether Viacom is successful. Meanwhile, they investigate possible alliances with YouTube, and other Internet TV and video players such as Joost, AOL Video, Yahoo Video, MSN Soapbox, Grouper, Revver and all of the other video and/or video sharing sites and services on the Internet, whose number continues growing, especially as media companies themselves offer their own video offerings.

One example of this is NBC and their hit TV show Heroes. US based users can visit www.nbc.com/heroes and can watch all 18 episodes broadcast so far online, free of charge. Anyone not in the US is told that they are in a region from which they cannot watch, no doubt to protect the show’s licensing arrangements with TV broadcasters in other countries who inevitably show TV programs much later than their US broadcast date.

This happens in other countries too, with Doctor Who appearing on the BBC in the UK much sooner than anywhere else in the world because Doctor Who is a BBC original show.

Once again, it is users who want to share content in this way, whatever the media companies themselves want or have to say about it. A visit to any bittorrent p2p website lets you have access to all the video content you could possibly want, from the latest TV shows and movies to everything else in between – games, software, books and more.

So, what needs to happen, and how might this mess be resolved? Please read onto page 2 for the conclusion...