The Motion Picture Association of America (MPAA) has now included embedding copyrighted videos into the definition of copyright infringement. The legal distinction between actually hosting the pirated video and simply posting a copy of it by embedding it shouldn’t exist, the Association argues. It believes doing either should be subjected to the same punishment and be labeled as direct copyright infringement.
This matter was brought to the attention of the Seventh Circuit Court of Appeals by video site MyVidster, which let users bookmark link to videos from the web and share them with friends. The site also supports embedding, allowing ads to be shown as well.
Flava Works asked MyVidster to remove its embedded videos through DMCA notices, and while MyVidster reportedly obliged, the matter went to court anyhow. While there, Judge Grady ruled that MyVidster is indeed guilty of copyright infringement, with the MPAA supporting that decision.
But another precedent case is being brought forward by Facebook and Google, each of which have a stake in not seeing embedded videos being viewed as infringing on copyright. They cite a 2007 case ruled on by the Ninth Circuit Court of Appeals that concluded only the server that hosts the infringing material is guilty of copyright infringement rather than the server that provides links to the content.
Also against the ruling are consumer interest groups the Electronic Frontier Foundation and Public Knowledge
