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Downloading YouTube video's - Whats the fuss about ?

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Sequence of events on TechCrunch are as follows,

1. TechCrunch posts a note on how to get YouTube video's on a iPOD
2. TechCrunch receives a cease and desist note saying that this illegal under the YouTube 'Terms of use'

Now I will leave the details of the posts aside and put down what I purely think (pls note these are purely my personal opinions)

At the outset lets see how YouTube collects the data that it is trying to cover under its terms of use - it is uploaded by the users of the website - some of it is of course 'original', but well all of us know that a good percentage of it is probably not.

When people upload content on to the website, I don't know if there is a specific clause that says YouTube owns the rights to this content. On original content, it is the right of the owner to do what he wants, but I would suggest nobody should ever pass on these rights to YouTube - the simple reason being they don't earn anything for that rights that they passed on. On the content which is not 'original' the person who is uploading the content cant even pass the rights in the first place.

So on any form of content on the website, there seems to be a problem in YouTube owning the complete rights on the content. If this is the case, how can it ever block people from downloading content and redistributing it.

I always believed that the major problem for Google is how it will avoid sites which will download and duplicate the content it has on the YouTube website? Well all that is needed for the whole website to crack is its network to crack. If not enough people upload content on the site and there not enough people coming there to view at the videos everything about the site is lost !

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