We considered the effectiveness of YouTube's video search, and how it might be fixed. Now that
Those last three functions were certainly developed over time for YouTube. The trickier question comes from the beginning sentence: did YouTube intentionally tweak its search, and its site, to keep the Big Media players like Viacom from really seeing an undercurrent of copyright infringing trading? Viacom listed this among several complaints, but it could be the more important one. Determining willful hiding of infringing content could make a supporting argument for Viacom's claim a la MGM v Grokster. The Grokster opinion by Supreme Court Justice David Souter found that the music-sharing site presented itself as a way to get around copyright restrictions. Any finding that YouTube may have aided infringement, even without actively promoting evasion of copyright, may be a lightning rod in the case.
Was YouTube Search Bad By Design?
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