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 »

Open Source Litigation Over “BusyBox”

The Software Freedom Law Center (SFLC) and a software developer have sued 14 major consumer electronics companies for copyright infringement. The complaint alleges the electronics companies infringed the copyright in ”BusyBox” — a software program that combines computing tools and optimizes them for cell phones, PDAs, and other devices. The software is covered by one of the most widely used open source licenses – the GNU General Public License version 2 (GPLv2).  Under GPLv2, anyone is allowed to use or modify a covered program for free, provided they distribute, or offer to distribute, the source code or modified source code to their customers. The defendants are using the BusyBox software to support Blu-ray Disc Players, cameras, HD TVs, routers, security systems, and other devices.  (Not all BusyBox rights holders agree with the lawsuit.) Read more »

Were Photos Published on German Website Simultaneously Published in U.S. for Purposes of U.S. Copyright Law?

In a case addressing the intersection of the Copyright Act, the Berne Convention, and the Internet, a federal court in New Jersey has held that photographs published on a German website were not simultaneously published in the U.S. under U.S. copyright law. As a result, the photographs were not “United States work(s)” and the photographer could advance a copyright infringement action without first registering his copyright in the U.S. Read more »

Veoh Wins Copyright Suit

Universal Music Group’s copyright infringement suit against Veoh has been thrown out by the District Court Judge hearing the case, possibly giving some breathing room to YouTube and other video-sharing websites.  Judge A. Howard Matz ruled that Veoh operated in accordance with the Digital Millennium Copyright Act by expeditiously taking down UMG’s copyrighted materials after receiving notification from UMG that users had placed such materials on the Veoh website.  In doing so, Judge Matz has given ample ammunition to those who argue that liability for posting copyright-protected material on video-sharing sites resides with the individual poster, and not with the video-sharing site.