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Navigating the YouTube Safe Harbor: One Year Later (or Netflix Not Chill) February 23, 2018

Posted by lborodkin in : Uncategorized , trackback

One year after presenting “Navigating the YouTube Safe Harbor” at the 2017 SxSW 2017 Music Festival with Kelly Klaus, John Tehranian and David Schelzel, I find that the SxSW organizers have posted audio from our presentation on SoundCloud.

(Thanks, SxSW!)

Cut to 2018. Former disrupters Netflix and Amazon Studios have aligned themselves with traditional Big Content to sue the makers of Dragon Box and Tick Box for their online streaming devices. The complaints rely in part on the marketing language used by the defendants.

On February 13, 2018, Tickbox stipulated to a preliminary injunction where they agreed to (among other things), not include, provide links to, curate, or create add-ons or otherwise technologically enable third-party cyberlockers or streaming sites that Tick Box knows or has reason to know transmits pirated content. (Internet Explorer, Google Chrome, Safari, and Firefox are not defined as such transmitters).

The Dragon Box is at an earlier stage, with no preliminary injunction application filed and no response due until March 5, 2018. Dragon Box’s attorney had some interesting quotes in Ars Technica on the stakes raised by this case, if it does not go the plaintiffs’ way.

Netflix and chill, this is not.

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