But..... I'm pretty sure when you upload a video to YouTube - you can specifically choose not to allow it to be embedded.....
An 'embed' link isn't a new infringement, says EU Court of Justice
The European Court of Justice has decided that even an unauthorised video can be embedded by a third party without creating a new infringement. The case, reported by TorrentFreak, centres around a dispute by a water filtering company, BestWater International, and a couple of men who work as contractors for a competitor (their …
COMMENTS
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Monday 27th October 2014 07:28 GMT Anonymous Coward
DMCA'd the Video?
Since when did the US DMCA laws apply to Germany?
If the German water company objected to details shown in the video that they own the copyright to then they should use local German or wider EU laws to get it removed. AFAIK, German/EU copyrights aren't valid in the USofA.
However if I am wrong I am sure that corrections will be forthcoming.
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Monday 27th October 2014 18:46 GMT John Brown (no body)
Re: DMCA'd the Video?
"they should use local German or wider EU laws to get it removed."
Although not specifically stated in the article, reading between the lines and the actions of the copyright holders implies that they posted the original video to YouTube so if they wanted it removed they only have to delete it. No laws required.
Since they didn't remove it, then they want it there for some reason. Maybe they can't afford to host video and its bandwidth cost on their own servers so have to rely on a free service? I suspect if they had hosted it themselves the judgement may have been different.
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Monday 27th October 2014 10:24 GMT Steve Davies 3
Re: Confused
What if...
You link to a Cat Video and the content gets changes to Child Pron?
Are you guilty of distributing Child Pron? Anyone who clicks of the link and views that shite should (theoreticall) just report to Jail, do not pass Go and ... well you know the rest.
The only thing you can do to protect yourself is to video you clicking on the link and seeing the Cat Video. Then you have evidence that the link worked. You should also put some text on your site that says something along the lines
'Joe Bloggs is not responsible for the content that is located on external sites'.
Don't know if the Plod would accept that though but you could cite the BBC who do something similar.
But don't put that video on the interwebs though.
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Monday 27th October 2014 11:25 GMT James 100
Re: Confused
"Sites that specifically aim to publish torrent links to copyrighted material may be, depending on where you are."
This ruling would seem to change that, at least for the EU, though - since hosting a collection of links *isn't* infringing activity by this ruling (and the precedent they cited about linking), it should be a lot harder to justify going after them and demanding that third parties censor access to them.
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