Is YouTube Mightier than Litigation?

Hi everyone.  Karl’s friend Cindy here.  Have you seen the most recent video to go viral on YouTube?  It’s called United Breaks Guitars, and it’s gotten more than 1.6 million views since it was posted on July 6.  It’s a David and Goliath story with YouTube as the slingshot.

The video’s maker is Dave Carroll, of the Halifax folk band Sons of Maxwell. I’ll let him explain the back story:

“In the spring of 2008, Sons of Maxwell were traveling to Nebraska for a one-week tour and my Taylor guitar was witnessed being thrown by United Airlines baggage handlers in Chicago.  I discovered later that the $3,500 guitar was severely damaged.  They didn’t deny the experience occurred but for nine months the various people I communicated with put the responsibility for dealing with the damage on everyone other than themselves and finally said they would do nothing to compensate me for my loss.  So I promised the last person to finally say “no” to compensation (Ms. Irlweg) that I would write and produce three songs about my experience with United Airlines and make videos for each to be viewed online by anyone in the world.”

Here’s the video: http://www.youtube.com/watch?v=5YGc4zOqozo

Cute video.  Catchy song.  But what’s really interesting to me is what United’s response will be.  I’m interested because I’m a lawyer, and back when I was in private practice, I was a litigator.  Oh yeah – one of THOSE.  And one of the things I learned early on about big corporations is they’re not particularly afraid of lawyers or litigation.  Clients with problems like Dave’s would get frustrated to the point where the only options were to (a) go postal, or  (b) hire a lawyer.  The clients would go see a lawyer, who’d write a nasty letter to the offending company, outlining the client’s grievances and demanding redress.  These sorts of letters usually ended with something scary like, “Govern yourself accordingly.”  I got pretty good at writing them.  But sadly, they very seldom produced results.  The usual response was some variation of “bring it on, suckas.”  And since most clients can’t afford litigation, that was the end of that.

Then came the Internet, that great leveller of consumer protection.  Now, people like Dave who have grievances with big companies can take their case straight to a jury of their peers, who will vote not to convict or acquit, but with their feet.  And it turns out, that’s a whole heck of a lot scarier than a nasty letter from a lawyer.

Late-breaking news:  Dave posted a statement on Youtube today (July 10) in which he thanked everyone who viewed his video and reported that United Airlines had offered him compensation.  (He didn’t say how much.)  He suggested they donate the money to charity instead, and release the name of the charity they supported.  (Is there an Our Lady of Lost Luggage?)

YouTube: 1.  Multinational corporation: 0.

Thanks Karl, for letting me post during the Summer of Love 2009.

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