Transcoding is NOT a Crime!

In what may be a paramount case and a precedent that may haunt the RIAA and MPAA for years to come, a U.S. judge concluded that transcoding is not a crime. Transcoding is the automatic process that most websites like YouTube employ to convert any user submitted video file into the flash format.

Judge Howard Lloyd of the U.S. District Court in the Northern District of California dismissed a 2006 copyright infringement case against Veoh. The issue at hand was whether Veoh should be held liable for the actions of a user who submitted content from the adult entertainment company IO Group. Veoh was compliant with IO Group’s to remove the content but nonetheless ended up in court over the matter.

IO Group attempted to persuade the court by claiming that Veoh was an accessory before the fact and it should be held liable for the violations committed by their user. Lloyd dissented and claimed, “Veoh has simply established a system whereby software automatically processes user-submitted content and recasts it in a format that is readily accessible to its users. Veoh preselects the software parameters for the process from a range of default values set by the third-party software…But Veoh does not itself actively participate or supervise the uploading of files. Nor does it preview or select the files before the upload is completed. Instead, video files are uploaded through an automated process which is initiated entirely at the volition of Veoh’s users.”

Michael Arrington states it best, “Finally, a judge who may have actually visited the Internet once or twice before deciding a case.” I concur. The Internet may seem like the Wild West, but it seems that a pragmatic and logical approach can be applied to the evolving ethical, moral and legal dilemmas that arise. Arrington further entertains the impact of the Veoh decision and offers his interpretation of how online video sites may protect themselves in the future. In my opinion, linking to content that may potentially infringe on the copyright of a product should not be illegal. Before we know it . . . the Thought Police will be out and just thinking about downloading something will land you in jail.