This is the second time Judge Stanton has sided with YouTube, having also done so a couple years after the lawsuit surfaced in 2007. Viacom’s argument was that YouTube’s business was formed on the backs of copyrighted content, having failed to implement a system for preventing such materials. It was ruled that YouTube was in the safe harbor provision of the DMCA.

Despite this, appeals judges ultimately decided to bring the lawsuit back, saying that the quantity of copyrighted content featured on the website in that time period was in the majority, and that YouTube was aware of it. The problem it noted, however, was that Viacom must show that the video service was aware of individual instances of infrigement, something Judge Stanton says it has acknowledged that it cannot do.

Viacom claimed that YouTube purposely ignored copyright infringing content, and that it could have implemented a system to filter it but chose not to. In response, Judge Stanton stated that YouTube, under the DMCA, is not required to search for the infringing content, and that Viacom failed to demonstrate that YouTube engaged in “willful blindness.” Regarding the issue of whether it intentionally avoided limiting the content, the judge ruled that it doesn’t matter, the safe harbor provision still applies.

[via Hollywood Reporter]

The talks with NBCUniversal were said to be about content partnership, and so we assume it is also about displaying video clips in conjunction with advertisements. Such partnerships would bolster what the microblogging service has to offer, and will encourage users to hang around the site longer, using it for more purposes and to connect with more modern content.

As Bloomberg points out, Twitter already has partnerships with ESPN, Turner Broadcasting, and the Weather Channel, and its goal is to populate its service with more news and entertainment video content, according to the sources. The revenue that is generated by the video content will be split by the social network and the video clip’s broadcasting company.

Financial breakdown of how that split will take place wasn’t provided, however. It may not take too long to get more details on the alleged pending partnerships, with the sources saying that at least one of the deals could go through by the middle of May. Twitter and Viacom turned down Bloomberg’s request for a comment on the rumor, while NBCUniversal failed to get back to them.

[via Bloomberg]

The channels in question include the likes of VH1 Classic and Palladia, which Cablevision says are not watched much by its subscribers. In order for the provider to offer the channels customers do want, such as Comedy Central and Nickelodeon, it must carry the other, unwanted channels. As part of its legal efforts, Cablevision has stated that it wants access to MTV, MTV2, VH1, TV Land, Nickelodeon, BET, and Comedy Central without being forced to offer the ancillary networks.

Specifically, says Cablevision: “Viacom’s conduct harms Cablevision and its customers, and impairs competition by making Cablevision pay for and carry networks that many subscribers do not want to watch, while other networks are excluded from distribution, preventing Cablevision from being able to differentiate its services and harming subscribers.”

Viacom has a different way of looking at it, however, stating that it offers discounts for those who provide extra network distribution, and as such, the situation is “win-win and pro-consumer.” The company has stated that it will “vigorously defend” against the lawsuit, calling it an obvious attempt on Cablevision’s part to simply renegotiate a contract it had agreed to in December.

[via Multichannel]

Nickelodeon shows destined for Hulu include “Spongebob Squarepants,” “iCarly,” and “Big Time Rush.” Unfortunately for those with younger kids, the deal doesn’t include any Nick Jr. shows like “Max and Ruby.” This may be due to licensing issues that would arise, given that several of the shows are currently licensed for other video providers, including Amazon.

Recently, Viacom has been criticized for offering content online and via Netflix, with some claiming that by doing so, the network is shooting its TV ratings in the proverbial foot. In addition, Hulu is apparently in for some major changes, with an alleged leaked internal memo that reads: “Outline transition plan for new CEO. Discuss potential candidates and process.” Fortunately, Hulu’s seemingly uncertain future hasn’t affected its relationship with Viacom.

Hulu is owned by NBCUniversal, Fox, and Disney-ABC. It offers content from its own networks, as well as content from CBS and Nickelodeon, to name a few. Viewers can watch clips and many episodes online for free, with access to premium content available via a Hulu Plus subscription.

[via All Things D]

Viacom has announced today that it, and DirecTV have reached a new agreement that will see all 26 Viacom networks, including Nickelodeon and Comedy Central among others return to DirecTV. Word surfaced yesterday that talks between the two companies were at an impasse because Viacom slipped in a requirement for its EPIX network to be picked up at cost of about $500 million.

DirecTV apparently backed out of the deal when that condition was added. Viacom says that DirecTV has an option to add the EPIX network to its lineup. That would seem to indicate that Viacom backed off the requirement for DirecTV to add the service in order to get the other networks back. This is good news for people on DirecTV. I know my daughter will be happy to get SpongeBob and Victorious back. Terms of the new deal aren’t available.

According to DirecTV, it had agreed on major points for a new fee agreement that would restore Viacom channels to its network and the deal was close to a finished. DirecTV says that Viacom then demanded its movie channel Epix be included in the deal. According to DirecTV Viacom wanted an additional half billion dollars for Epix.

I mentioned before, as the parent of young child who loved programming on Nickelodeon that I wasn’t happy at all, and neither was my daughter, about Nickelodeon being taken away. Now that we’re about a week on the other side of no Nickelodeon programming available, my daughter has found other shows to watch during TV time. What Viacom has done is give Disney Channel and its programming a chance in my house. My daughter never watched Disney Channel while Nickelodeon was around, but she has switched now and hasn’t asked when SpongeBob will come back in days. I’d wager there are many homes where the same thing is taking place. I hope this contract tactic blows up in Viacom’s face.

[via BusinessWeek]

The channel is now available as a basic offering. Disney Junior offers familiar Disney characters and other cartoons to help children learn early math and language skills as well as healthy eating and lifestyles. Programming options on the network include “Jake and the Never Land Pirates,” “Doc McStuffins,” “Mickey Mouse Clubhouse,” “A Poem Is…,” “Handy Manny,” “Little Einsteins” and “Special Agent Oso.”

The network also offers Walt Disney Studios and Pixar classic and contemporary animated movies. That includes many sequels to films kids may have seen in the theater that went directly to video. I think for many kids Disney Junior won’t be able to replace Nickelodeon.

For those of you out there in internet-only land, you’re not free from the terror that’s coming down on the world this week either. Just this morning on the web-based versions of The Daily Show and The Colbert Report showed a massive image noting how terrible it was that DirecTV was dropping 17 channels from Viacom’s collection was blasted forth with a call to action. This beast of a screen-covering image demanded that viewers head to their telephones to complain as fast as possible.

That blast has since been replaced by action from DirecTV: no more Daily Show or Colbert Report on the web so long as they weren’t in agreement over Viacom’s cuts.

Those of you out there with actual televisions still showing DirecTV content, you’ll notice a couple of scrolling text pieces – shown here via Reddit user rocier that tell users to take action once again. This particular example shows how both groups are able to insert messages on your screen without the other’s approval – interesting, no?

Stay tuned as we continue to cover this content war, and let us know if you’re experiencing anything similar through any of your Viacom and/or DirecTV media sources. Also check the timeline below for the events leading up to this moment!

As of last night at midnight, DirecTV customers no longer have access to Nickelodeon. Being the father of a seven-year-old child I can tell you what a catastrophe it is for a little girl to no longer have access to new episodes of iCarly, SpongeBob, Victorious and every other insanely popular kid show Nickelodeon has. As a long-time customer DirecTV, I can say I’m not happy in the least, but whom do you blame in the situation like this?

DirecTV maintains that Viacom was pushing for an extra $1 billion in payments working out to a 30% increase over what it’s currently being paid. I can only assume that’s over some long contract period, but DirecTV isn’t offering that information. Viacom wants more money because it thinks its networks are worth more than it’s being paid. What DirecTV customers will see the day when they go to one of the kids channels that has been removed is a Kids’ Mix channel that shows kids programs are airing on other networks. I hope they get this dispute cleared up. I suspect it would have a negligible amount to the monthly fee subscribers pay to increase what Viacom gets paid.

“We have been very willing to get a deal done, but Viacom is pushing DIRECTV customers to pay more than a 30 percent increase, which equates to an extra $1 billion, despite the fact that the ratings for many of their main networks have plummeted and much of Viacom’s programming can be seen for free online,” said Derek Chang, DIRECTV executive vice president of Content, Strategy and Development. “Viacom sent us a letter last night that outlined our obligations to remove the channels by midnight or face legal action just as they were falsely telling viewers DIRECTV was responsible. Let’s be clear, Viacom took these channels away from DIRECTV viewers.”

“We have absolutely no problem compensating Viacom fairly, but they have now knowingly put our customers in the unreasonable position of either accepting their extravagant financial demands or losing some of their favorite TV shows,” said Chang. “We feel our customers should not have to pay more for these networks than the customers of any other TV provider. We reiterated this to Viacom today and have not heard back from them.”

“We understand that Viacom’s actions are inconveniencing our customers so we are doing everything we can to help them find alternative programming until this gets resolved,” Chang added. “Customers will now see a variety of replacement channels available to them on one screen, in a Mix Channel format, when they tune to a Viacom channel. For instance, those going to the Nickelodeon channel slot will see alternative choices for children’s programming such as The Disney Channel, ABC Family, Cartoon Network, PBS Sprout, The Hub and Boomerang. Customers can also see full-length Viacom episodes for free by going to www.directvpromise.com and clicking on the ‘Other Ways to Watch’ tab.”

That means Viacom channels such as MTV, VH1, and Comedy Central will be coming to Time Warner streaming iPad app. The legal trouble started last year when Time Warner launched the iPad app allowing people to stream live shows to the tablets while in their home. Time Warner maintained during the legal process that the iPad was simply another TV in the home while Viacom argued that the tablet was a new device that required additional distribution rights.

The main issue for Viacom has been believed to be the fact that the number of people watching via the iPad app were not trackable so they couldn’t sell the additional views to advertisers. Interestingly, the deal points to possible trouble with Viacom’s Country Music Television or CMT channel. Time Warner was required to buy rights to show CMT programs in the deal allowing it to stream the other networks. Apparently, this sort of deal is common when a particular network isn’t doing well in the ratings.

[via TechCrunch]

So when this question came up during the earnings call, Viacom Philippe Dauman called it “complicated.” He said, “There are ratings measurement issues. There certainly has been some compelling programming on some of our competitors, which we can clearly address. We will do what we always do: We will research our audiences, we’ll review our pipeline, add more diversity in our programming.”

There is no shortage of analysts – and real data to back it up – that opine that the phenomenon of “cord cutting” is very real. There are actually people who are canceling cable and satellite TV subscriptions because they are more than content with the content they get out of Netflix, Hulu, and other online sources. So in some day, children’s programming has to be part of that effect. The question is just how much of an impact it is truly having.

[via paidContent]

The US Court of Appeals for the Second Circuit released the decision today that would resurrect the lawsuits filed against Google by Viacom as well as by the English Premier and other film studios and TV networks. The plaintiffs believe that Google is knowingly turning a blind eye to the copyright infringement on YouTube.

The original decision in favor of Google interpreted the Digital Millennium Copyright Act’s safe harbor rules to protect website owners unless they have knowledge of copyrighted material being infringed on their sites.

YouTube has responded to the reversal, saying “all that is left of the Viacom lawsuit that began as a wholesale attack on YouTube is a dispute over a tiny percentage of videos long ago removed from YouTube. Nothing in this decision impacts the way YouTube is operating.”

[via Reuters]

Over the past couple of days, Disney owned shows such as The Suite Life of Zack & Cody and Lizzie McGuire have started appearing on YouTube under the channel name Disney Shows. Currently there are 67 videos available to watch, with episodes from a variety of different shows. Neither company have made waves about the content being made available, and it’s unclear at this point if more is to follow.

It’s not the first time that free, full-length content has been available to view on YouTube, but typically the range of material was lacking. Although children’s shows clearly won’t appeal to everyone, it’s an important move for Google to seize as much content as it can. The copyright dispute between YouTube and Viacom has led to a sour relationship, meaning YouTube is locked out of similar children’s programming from Nickelodeon.

Disney are set to create a short web series of YouTube based on the popular mobile game Where’s My Water?, reportedly spending between $10 and $15 million on that project among others. The series was originally due for February, although it has yet to come to fruition.

[via AllThingsD]