Thursday, December 2, 2010

Does Google agree with my 1 day DMCA safe harbor definition of expeditiously?

According to the Associated Press, Google has stated that it will respond to complaints about pirated material within 24 hours after receiving notification. This announcement also states that Google will better police the sites that utilize its ad network to try to limit copyright violations. This long overdue announcement is great news for content creators.

On June 30, 2010, I stated that even though Viacom lost the initial round of the Viacom v. YouTube case, the case may be a win for copyright holders in the long run. I made my prediction because if YouTube was able to remove more than 100,000 infringing copyrighted clips within 1 business day of being notified more than three years ago, there is no reason why commercial entities shouldn't be held to this standard today.

Google's new 24 hour policy is welcome news because content creators have lost billions of dollars to intentional copyright infringement over the past ten years. Google also needs to enact this policy for trademark infringement. I am waiting for Facebook, MySpace, Twitter, etc... to agree to the same policy for not just copyright infringement but also for trademark infringement. Only after these companies actively enforce a 24 hour turnaround for intellectual property infringement may they claim they are actively protecting content creators.

I challenge Facebook, MySpace, Twitter, and every other social media company to follow Google's lead in protecting intellectual property.

To learn how to protect and monetize your intellectual property you may contact me at

Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Did a Social Media "October Surprise" Derail the U.S. 2022 World Cup Bid?

There will be a tremendous amount of soul searching in the coming weeks from the U.S. soccer community regarding its failed 2022 World Cup bid. U.S. bid chairman Sunil Gulati did everything legally possible to bring the World Cup competition back to the United States. Gulati traveled all over the world and enlisted President Clinton and Oscar winner Morgan Freeman for the final presentation. Unfortunately, that was not enough. Qatar was awarded the 2022 World Cup.

After FIFA announced who would host the 2022 World Cup Gulati stated, "Can I sit here today and say these are the seven things that we would do different? No..I think we did everything we could." President Obama weighed in and stated it was the "wrong decision." As a U.S. soccer fan, I am disappointed about the outcome. However, I am not surprised.

According to ESPN, the U.S. bid "far exceeded its rivals in the areas of ticketing, media rights, licensing, hospitality and sponsorship." Having the best bid or pitch does not guarantee success. Even though there have been accusations that graft may have occurred during the bid process, the bottom line is that the U.S. will not be hosting the 2022 World Cup.

In my opinion, the latest WikiLeaks document release may have swayed the voters. In other words, Social Media may have been the cause of the U.S. not being the host of the 2022 World Cup. Some of my colleagues may think I am off my rocker and that I sound like a modern day Fox Mulder right out of the X-Files. However, during the past several days the WikiLeaks U.S. cable document release has dominated international news. This story has been on the cover of every major news publication all over the world. You had to be living in a cave without a modern day electronic device not to hear about it.

WikiLeaks is a website that relies on user generated content. According to its website it is, "a non-profit media organization dedicated to bringing important news and information to the public." On November 28, 2010, WikiLeaks made available on its website more than 250,000 secret U.S. diplomatic cables. The fact that WikiLeaks was able to obtain these secret cables in the first place demonstrates that the U.S. has a serious problem with data security that I am hoping will be resolved in the near future. However, the content inside some of the cables provides the impression that some of the U.S. State Department employees are using diplomatic cover to spy. This allegation along with many other embarrassing revelations such as how U.S. diplomats view some world leaders was not helpful to the U.S. World Cup bid.

If I was a World Cup voter from another country I may have been angry at the U.S. and may have have taken my anger out against it by voting for Qatar. I may have asked myself, "if the World Cup is held in the U.S. will my fellow countrymen and diplomats have to worry about being spied on during the competition?

It appears that WikiLeaks has been in possession of these documents for some time. Therefore, why were these documents released just a few days before the World Cup vote? Was this release an "October Surprise" that was done with the precision akin to a smart bomb? Is WikiLeaks part of a modern day SPECTRE (Special Executive for Counter Intelligence, Terrorism, Revenge and Extortion) that wreaked havoc on the world in the James Bond books and movies? The latest WikiLeaks document release is extremely politically damaging and it appears that it was intentionally timed to inflict maximum political and economic damage on the United States. Why else were the documents released over Thanksgiving weekend just before the World Cup vote?

To learn more about these issues you may contact me at

Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved