Legal squabbles over download TV: next "Napster" war?

Snip from LA Times article:

Amanda Palmer hardly fits the profile of an Internet outlaw, but her obsession with the ABC show "Lost" makes this self-described "bubbly, nutty mum" the television industry's worst nightmare.

Like thousands of other British fans, the 30-year-old personal assistant can't bear to wait the nine months it can take for new "Lost" shows to air in England. So, soon after the closing credits roll in America, she downloads each episode off file-sharing networks.

And most alarming to TV industry executives, Palmer admits not a twinge of guilt. "It's TV, isn't it?" she said. "It would probably be different if it was a movie. If it is free on everybody's TV, why worry about it?"

Link to "TV May Be Free but Not That Free."

Reader comment: James Roe of videosift.com says,

In that piece you linked from the LATimes about TV piracy there was a brief blurb about the autistic basket ball player. That has been one of our most popular clips over at videosift.com (social video site.) Prior to that article I had not realized that YouTube had been issued a take down notice.

On realizing that I checked, and sure enough the video was defunct. So a quick search later and I found an almost identical clip from CNN using what must have been home footage that was also included in the CBS clip. This brings three questions to mind.

1. Why would CBS choose to give up free advertising and instead pass the buck to CNN?

2. If they filed a take down notice for a clip that includes home video do they actually own the rights to the home video now? If CNN is using the clip then my guess would be no, which makes their whole request for a take down more suspicious. I suppose they were just issuing a take down for their announcer's speech, which as a whole was much less interesting than the students phenomenal 6 3 pointers in the last 4 minutes of the game.

3. The CBS clip is still available over at Google video, Link , however they have disabled the ability to post it to another site. This locks end users into the crufty Google video interface.

I guess this is not so much of a question as it is pointing out that this seems more like a shameless attack on YouTube than an actual concern from CBS. CBS does sell video clips through Google, although i doubt the market for a 2 minute news blurb is high anywhere other than sports conventions, but this one is available gratis.