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Comparison of “the terms of use”

between an American and a French video sharing website (YouTube/ Dailymotion)

 

STUDENT PAPER

By Elise Barruet

SKEMA Business School

Paris, France

 


 
ABSTRACT

Nowadays, we can notice that consumption patterns are constantly evolving whether it is products or services. The new generations thanks to new technologies have allowed the appearance of new online tools in the early 2000s such as online video platforms. These platforms have now become an integral part of the Internet, allow users to create content but also to relieve information such as traditional media like but also prove that a real change in our consumption habits is happening. The emergence of these new services is a real challenge because it was necessary to adapt and create new forms of contract allowing the proper use of these tools.

This document aims to understand the content of those contracts agreed between the platforms and the users but also to study them and identify their possible flaws (in the owner and user view). For that I will analyze and compare the terms of use of two of the biggest video sharing websites: YouTube and Dailymotion. We can expect to see emerge from this paper the differences between the American and the French platform and to see how the rights of the user are respected and how the owners protect themselves in their contracts.

This paper will help the user to understand the limits of those platforms, understand their rights and duties on them and perhaps underline some flaws in their terms of use.

Keywords:  New technologies, contractors, terms of use, privacy, intellectual property, video sharing websites, clauses and flaws.

INTRODUCTION

Since the early 2000’s, the world is experiencing a massive technological evolution which results in the evolution of our modes of consumption and habits. New tools have emerged, our modes of communication have evolved and today these technologies have become integral parts of our lives.

New generations no longer use the internet in the same manner as before, they communicate in a totally new way, instantly and with new platforms. These platforms and new social networks allow them to share and exchange information in a revolutionary way and are categorically opposed to so-called traditional media such as TV or print media.

One of these new tools is the online video platforms that appeared in the early 2000s and are part of the evolution of the internet to a collaborative, accessible and intuitive space. They reflect the dematerialization of information and entertainment, free access to infinite content and the massive consumption of images. They allow users to create and make available content for free and visible to all other users of the service.

According to some data analysis and researches from Statista, we can see that the demand of online video is growing rapidly, for example about 86% of the viewers watch online video in USA. Video sharing has become one of the most utilized way of communication between people and as the demand grows, the service proposed are increasing and so need to be framed.

Step 1: Problem definition

Because of this expansion of new services, it was necessary to study, understand and create new supports to frame these services. Businesses have had to find a way for users to enjoy services in complete security and peace of mind, to protect content creators, and to protect themselves from potential issues. An agreement was created and passed between the platforms and the users when they create their user account. This agreement is also commonly called “Terms of Use” and must be accepted by the user to use his account and upload videos.

These platforms first emerged in the United States as the most used platform today: YouTube, but soon arrived in France with the creation of Dailymotion (the first platform for French video sharing). But today, despite their expansion, these services are increasingly criticized because for some people they do not protect enough creators, for others they prevent them from creating any type of content or criticize their algorithm. In view of these recent complaints, it would be interesting to study, understand these two giants and see what their own conditions of use are and the differences between these two.

Therefore, after this analysis we will be able to answer these questions:

  • Are the “conditions of use” a contract?
  • What are the differences between the “terms of use” of a French and American video sharing platform?

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper: Barruet, E. (2018). Comparison of “the terms of use” between an American and a French video sharing website (YouTube/ Dailymotion), PM World Journal, Volume VII, Issue IX – September. Available online at https://pmworldjournal.net/wp-content/uploads/2018/09/pmwj74-Sep2018-Barruet-comparing-american-and-french-video-sharing-websites-student-paper.pdf

 



About the Author


Elise Barruet

Paris, French

 

 

 

Elise Barruet is a French student graduated from NEOMA Business school with a “BSc in internal business” and is currently enrolled in the “MSc 2 Project and Program Management and Business Development” at SKEMA Business School.

This master’s degree will allow her to gather the two directions that she want to give to her career: project management and the international (especially Asia). Thanks to her studies at NEOMA, she had the opportunity to go in Asia several times, the first time in Hanoi, Vietnam, for a one-year university exchange and a second time in Bangkok, Thailand, for a 6 months internship.

She has had the opportunity to work in large companies such as BNP Paribas, Cetelem and Allianz bank during several seasonal professional experiences but also in smaller companies such as Asiajet during several internships.

She is now certain that she will work abroad, especially in Asia and become Business Development Manager or Project Manager. Being a very curious person, she does not want to focus on a specific business sector, but to be versatile in order to have a global overview.

Elise can be contacted at  [email protected] and [email protected]