Malkin + EFF + UMG + YouTUBE = DMCA fight

What do you get when you mix one crazy rightwing pundit, an online rights organization, a music company and YouTube?  One gigantic copyright mess mess: YouTube Caught In Malkin, EFF, UMG Crossfire:

Between Malkin and UMG is a hard enough spot to be in, but add the EFF into the melee and you've got yourself a first class nightmare. The EFF called UMG's actions an "improper attempt to silence her online criticism of one of its artists."

Hat tip: The Trademark blog.

Google's Viacom response's...

... money quote:

Viacom's complaint in this action challenges the careful balance established by Congress when it enacted the Digital Millennium Copyright Act. The DMCA balances the rights of copyright holders and the need to protect the internet as an important new form of
communication. By seeking to make carriers and hosting providers liable for internet
communications, Viacom's complaint threatens the way hundreds of millions of people
legitimately exchange information, news, entertainment, and political and artistic expression.
Google and YouTube respect the importance of intellectual property rights, and not only comply with their safe harbor obligations under the DMCA, but go well above and beyond what the law requires.

User-generated advertising, "uncharted legal waters"

Everyone likes, YouTube (well, not Viacom), but is user generated content really a good advertising strategy? Consumer-Created Ads Cause Grief for Companies

Money quotes:

"The idea of doing that is fraught with all sorts of risks that aren't worth the business benefit," said Douglas Wood, a New York-based attorney who is a co-chairman for the advertising, technology and media law group at Reed Smith. "If clients listen, they won't do it."
....
"You need to step back and say: What negative impact could this have on my brand?"