Viacom v. YouTube and Google

We reviewed Judge Stanton’s comprehensive decision in this closely watched case. If upheld on appeal, it’s a victory not only for YouTube and Google, but for all Internet service providers (ISPs).

If you haven’t followed the case, Viacom had sued Google and YouTube for intentional and contributory copyright infringement, alleging “tens of thousands of videos on YouTube … were taken unlawfully from Viacom’s copyrighted works without authorization.” In defense, Google and YouTube asserted DMCA section 512. This so-called ”safe harbor” limits ISP liability for copyright infringement in certain situations. Whether defendants in copyright cases enjoy the limitation of liability is based on, among other things, their knowledge of — and response to – infringing activity on their service of which they become aware. Read more »

Court Dismisses Viacom Copyright Suit Against Google/YouTube

There’s big news in the CyberLaw world today. The Associated Press is reporting that a federal court in New York has dismissed Viacom’s $1 billion copyright suit against Google and YouTube. It appears the defendants’ Digital Millennium Copyright Act sec. 512 safe-harbor defense carried the day. We are reading the 30 page decision by Southern District Judge Louis Stanton now.  More to come.