Google menaces blog over publishing YouTube contract
Google's lawyers usually busy themselves trying to defend their right to keep content online — so Google's search engine can index it, of course. Odd, then, to see Stacey Wexler, litigation counsel for Google, send New York tech blog Silicon Alley Insider an email asking it to take down references to a YouTube advertising contract in a story about the video site's new revenue-sharing program for ads sold by video creators. Odder still to see Silicon Alley Insider post the email to its site, then take it down (the site now displays an error where Wexler's email once appeared, but the original post about YouTube remains online, and a reader has reposted the item in a comment). We're puzzled about what, precisely, is so controversial about the YouTube revenue-sharing program. (Wexler claims the contract is confidential, but we don't think that's Silicon Alley Insider's problem.) The contract reveals that Google will take 45 percent of ad revenues, with a minimum campaign budget of $10,000, unless otherwise negotiated. Read Wexler's letter to Silicon Alley Insider, reproduced below, and the contract, embedded via DocStoc, and tell us which terms you think Google was most concerned about keeping private.
From: "Stacey Wexler"
Date: June 11, 2008 4:52:13 PM EDT
To: mlearmonth@alleyinsider.com
Subject: July 10, 2008 postings re YouTubeDear Mr. Learmonth:
I am writing to let you know that an article dated June 10, 2008 posted under your name in Silicon Alley Insider contains confidential information of YouTube. Specifically, the Content Hosting Services Agreement (CHSA) that is posted at http://www.alleyinsider.com/2008/6/revealed_youtube_s_self_serve_ad_deal_terms_got_670_000_views_and http://www.docstoc.com/docs/712344/youtubeagreement contains a confidentiality provision (see paragraph 5), and thus should not have been provided to you for publication. While we appreciate your interest in YouTube, we respectfully request that Silicon Alley Insider remove from its site the copies of the CHSA and the references to its specific terms contained in your article. We of course respect your right to report non-confidential information about YouTube's advertising plans, and thus we are only asking that you remove the contract itself and the references to its terms.
Please do not hesitate to contact me if you wish to discuss this matter further.
Regards,
Stacey Wexler
Litigation Counsel
Google Inc.
The contract:
YouTube Agreement - Free Document Templates