The restraint order implies that YouTube and Google will now have to actively go about preventing users from uploading T-Series content onto the YouTube Web site.
YouTube is in the dock; once again for copyright infringement.
Super Cassettes Industries Limited (SCIL), also known as T-Series, has moved the Delhi High Court, and obtained an interim restraint order against YouTube and its parent company, Google, for 'rank infringement of music copyright'.
The court order restrains YouTube and Google from "disseminating or displaying on their Web sites, or infringing in any manner, the copyright of any audio-visual work of which SCIL owns exclusive copyright".
Amit Sibal, counsel for T-Series, argued in court that YouTube, which makes audio-visual content available for free, makes its money through advertisements and 'recording clicks' for a share of advertiser spends. But that none of this money goes to copyright owners.
Now YouTube typically follows a policy, wherein it pulls down copyrighted content whenever notified by copyright owners. However, there is no moderation of content before the content is put up.
The restraint order however implies that YouTube and Google will now have to actively go about preventing users from uploading T-Series content onto the YouTube Web site.
In the event the order should become a permanent injunction, it would impact other Indian video sites as well -- iShare, Dekhona, thebig.tv, to name a few.
Meanwhile, YouTube, by its own previous admission, is preparing to launch a content identification system that will afford copyright owners a certain degree of control over their content.
The upcoming automated video ID system will check all videos as they are being uploaded, and match them with a ready database of visual representations of copyrighted material, as provided by respective content owners.
Depending on the policy specified by a particular content owner, upon finding a match, the video ID system will either block the content, or post it, or put adverts on it with revenue to be shared with the content owner.
The catch though is that the system will require content owners to provide YouTube with copies of content that they wish to protect.