YouTube has to fork over viewer records to plaintiff Viacom as a result of the recent law suit regarding copyright issues.  I understand Viacom’s desire for that, but I disagree with the ruling.

The cool thing is that Google - YouTube’s parent company - has successfully negotiated with Viacom to scrub and data that can be used to identify users.  Names and IP addresses are gone.

So, it’s likely, regarding privacy, the problem’s over in this particular case.

But there are two buts. Read more…

The current legal battle between Viacom and Google/YouTube is going to have significant ramifications beyond today’s headlines.  It’s getting surprisingly little play amongst much of the social media digerati, but it’s something we all need to be aware of.

The lawsuit and the proceedings around it are truly a sign of the times.  It’s a direct outgrowth of what we’ve been emerging via the internet over the past several years.  Sites such as YouTube have essentially become free communicative vehicles to not only view, but  share and alter video productions of all types.  The concept of “share” is important because most of us use it.  But in reality, it is a nice way of saying “distribute”.  And from distribute comes distribution - a fundamental with tremendous legal ramifications.

Alter is a tough one too.  The “mash-ups” that many in social media and digital marketing talk of enthusiastically can be as problematic.  As, I guess, it should be.  At least in some cases.  An artist creates an original piece of work.  Then distributes it, usually netting some sort of financial gain.  Others take it, and now because of new tools can alter it and redistribute it.  Many times this new process leads to lost potential revenue for the original artist. Read more…

I have been trying to record some of the sessions at PodCampOhio but since my lovely Nokia N95 8GB isn’t working with 3G (thanks, AT&T 3G for breaking on me), I have been doing my best using Qik with EDGE, which sucks. The good news is that I was able to record quite a little bit of Jennifer Laycock’s session on how to get your podcast to go viral and how to do online promotion and blogger outreach. Jennifer is a guru and an expert and I am damned glad to know her! The session below was called “Orchestrating a Viral Explosion.”

Unfortunately, I only recorded six-minutes of the session… From the session notes:

Everyone wants the benefits of a viral campaign, but few people really understand how to put the pieces together to create the best chance for success. Find out the most common mistakes companies make when aiming to go viral and how a little bit of brainstorming can set you up for success. Jennifer Laycock will walk you through the actual brainstorming process she uses with clients to help you gather information needed to put things together. She’ll also help you learn to identify “key influencers” within your industry and will offer concrete tips on the best way to approach them with your campaign.

Via Chris Abraham

Let’s take a look at the debate between Brian and Loic, point by point.

Point #1

Brian Solis: Understand You’re Not the Only Story in Town
Loic: Who cares about stories, you can get traction and users if you have a good product

Where do I start? First of all, Brian’s spot on in that many top executives in startups overvalue what the product or the service or whatever it is that they’re introducing. They don’t understand that the battleground for attention from key influencers and potential customers is filled with other players battling for attention as well. Sometimes it’s necessary to get someone to help craft a pathway through that battlefield, from someone one that understands which weapons and shields are needed. How to break through that clutter. Because on that very same battlefield are others looking for sweet victory as well. And that’s just the battle to get noticed.

Sometimes that’s having someone who can help craft and deliver a great story.

And, yes, sometimes, one of the best weapons is having established a blog and with that, a burgeoning community. Loic has done that and kudos to him for that. He is a great example of what he’s writing about.

Some of those competitors on the battlefield may not be direct competitors in business. No matter. They are still competing for mindshare of the audience a startup wants to reach.

CEOs need to understand this. They’ve worked their tails off for a significant period of time to produce something. That’s quite an accomplishment in itself. But many automatically think that whatever they’ve produce “sells itself” that it’s a “no-brainer” causing people to automatically understand why they should buy it. This is called hubris.

Hubris kills. For example, a trivia question. Guess who said this last fall:

“I’m in it for the long run. It’s not a very long run. It will be over by February 5.”*

History is filled with failed startups let by overconfident individuals that failed to realize they need some sort of marketing plan to get the word out, to position the product, to clarify key features and benefits. They decided to start companies and then implemented marketing as an afterthought. In other words, their companies have no stories.

While the atmosphere is much better today, I’ve seen decision makers that refuse to get this. It’s as if they seemingly believe that press rooms of major business publications had fax rooms where eager young interns hang out excitedly to retrieve their press releases and run to the editors with all of your important info. If you lack a story - and a decent product - it’s much more difficult to gain traction.

No, Loic, good stories are often needed. Stories can explain complex products. Stories can differentiate between competitors. Stories can offer insight that go beyond a series of sentences on a press release. Just as blog posts can. Blogging and trying to develop a community can work - but not really in time to help that start up. Unless they’re already a know quality like you. It also helps when you have a Web 2.0 type service that connects people such as Seesmic.

A second major point regarding Loic’s comments is that not all good products can get traction. Just as not every great guitarist gets that major record deal, just as not every great aspiring actress gets the big break, not every great product gets noticed. There are a bunch of factors that influence success. As Jim Kurkral commented on Loic’s post, “Even people with great products can still fail getting coverage.” Coverage in industry press, coverage in mainstream press, coverage in blogs. Nor will all creators of great bloggers be able to form online communities.

For that matter, not every product that meet with success is of top quality. Sometimes it’s luck. Previous reputation. Timing. Or a great story.

*Trivia answer: Hillary Clinton, (self)presumptive nominee for the Democratic Party in the U.S. Presidential race, describing how quickly she’ll win the nomination.