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 »