UTube v. YouTube

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Ok, so Universal Tube & Rollform Equipment Corporation, a.k.a. utube.com, is suing YouTube, everyone’s favorite video-sharing site, because the massive traffic from fumble-fingered web surfers has apparently caused their web server to crash multiple times.

Aside from the claim that ‘they’ve had to move their site 5 times’ (a claim that the Netcraft report doesn’t support), it just seems to me that they really shouldn’t have been all that surprised when the 486 they were using as a webserver fell over. OK, I jest—they’re really running Windows Server 2003 (which could be their problem right there), and everyone knows that requires at least at a 133MHz Pentium 1.

The odd thing about the suit is that the relief sought is either

  1. YouTube stop using YouTube.com (yeah, like that’s gonna happen), or
  2. YouTube pay for a new domain for Universal Tube.

Hm. I’m thinking that it just might be cheaper for GooTube to cut the $8.95 check to register a new domain at GoDaddy than to actually litigate this. On the other hand, it seems like it would have been cheaper for Universal Tube to just buy the new domain themselves. On the gripping hand, I think that it makes a lot of sense, from a policy point of view, for GooTube, to adopt a scorched earth policy on frivolous litigation like this. I derive great pleasure from imagining an omnipotent GC directing his minions (is it better to have minions or underlings?) to draw up Rule 11 motions. Plus, I think it’d be fun to read the court documents.

Regarding your offer of settlement, I am reminded that what is best in life is to crush your enemies, see them driven before you, and to hear the lamentations of the women. Accordingly, your settlement offer is rejected.

Well, that’s how I’d write it, at least.

UPDATE: The Smoking Gun has the complaint.

1 Comment

The legal fees already incurred are more than just getting their new domain.

There's principle, and then there's asshattedness.

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This page contains a single entry by Paul published on November 2, 2006 7:59 PM.

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