Post Process

Everything to do with E-discovery & ESI

Case Blurb: YouTube; Court Denies Motion to Compel Production of Source Code for Video ID Program

Posted by rjbiii on August 12, 2008

Plaintiffs also move to compel production of another undisputed trade secret, the computer source code for the newly invented “Video ID” program. Using that program, copyright owners may furnish YouTube with video reference samples, which YouTube will use to search for and locate video clips in its library which have characteristics sufficiently matching those of the samples as to suggest infringement. That program’s source code is the product of “approximately 50,000 man hours of engineering time and millions of dollars of research and development costs”, and maintaining its confidentiality is essential to prevent others from creating competing programs without any equivalent investment, and to bar users who wish to post infringing content onto YouTube.com from learning ways to trick the Video ID program and thus “escape detection.”

Plaintiffs claim that they need production of the Video ID source code to demonstrate what defendants “could be doing — but are not — to control infringement” with the Video ID program. However, plaintiffs can learn how the Video ID program works from use and observation of its operation, and examination of pending patent applications, documentation and white papers regarding Video ID (id.), all of which are available to them. If there is a way to write a program that can identify and thus control infringing videos, plaintiffs are free to demonstrate it, with or without reference to the way the Video ID program works. But the question is what infringement detection operations are possible, not how the Video ID source code makes it operate as it does. The notion that examination of the source code might suggest how to make a better method of infringement detection is speculative. Considered against its value and secrecy, plaintiffs have not made a sufficient showing of need for its disclosure.

Therefore, the motion to compel production of the Video ID code is denied.

Viacom Int’l Inc. v. YouTube Inc., 2008 U.S. Dist. LEXIS 50614, 11-13 (S.D.N.Y. July 1, 2008 )

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