YouTube Wins Case Against Viacom

NEW YORK — A federal court today granted YouTube a summary judgment in its case with Viacom over copyright infringement.

That means that the court has sided with YouTube, saying it is protected by the safe harbor of the Digital Millenium Copyright Act (DMCA) against claims of copyright infringement, including claims for “inducement” contributory liability.

In his 30-page ruling, U.S. District Judge Louis Stanton in New York said massive volumes of evidence submitted in the case had convinced him that YouTube did what it needed to do to fall under the "safe harbor" provisions of the copyright law.

The decision follows established judicial consensus that online services like YouTube are protected when they work cooperatively with copyright holders to help them manage their rights online.

Viacom claimed in the lawsuit that “tens of thousands of videos on YouTube, resulting in hundreds of millions of views, were taken unlawfully from Viacom’s copyrighted works without authorization.”

Viacom claimed that YouTube was liable for intentional infringement because they had “actual knowledge” and were “aware of facts and circumstances from which infringing activity was apparent,” but failed to “act expeditiously” to stop it.

Attorney Gill Sperlein, who is Titan Media's general counsel and leads Sperlein Law, told XBIZ that while a good portion of the Court’s order is well reasoned, there are important principles that it simply got wrong.

“Specifically, the court ruled that an ISP must have direct knowledge of infringing activity in order to be able to control it. This is a departure from a long line of cases addressing vicarious copyright infringement," Sperlein said.

YouTube claimed that when it received specific notice that a particular item infringed a copyright, they swiftly removed it. Additionally, YouTube said that most were removed in response to DMCA takedown notices.

Judge Stanton agreed, noting that Viacom had spent several months accumulating about 100,000 videos violating its copyright and then sent a mass takedown notice in 2007. By the next business day, Stanton said, YouTube had removed virtually all of them.

Viacom said it was appealing the case, calling the ruling "fundamentally flawed."

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

AEBN Publishes Popular Seraches by Country for September, October

AEBN has released its list of popular searches from its straight and gay theaters in all 50 states and the District of Columbia.

Avery Jane Featured on 'Adult Time Podcast'

Avery Jane is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills.

FSC: Kansas Law Firm Threatens Adult Site Over Age Verification

The Free Speech Coalition (FSC) has been notified that Kansas law firm Mann Wyatt Tanksley has sent a letter threatening an adult website with a lawsuit for breaking the state's age verification law.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Trump Nominates Project 2025 Contributor, Section 230 Foe to Chair FCC

President-elect Donald Trump has nominated, as his pick to head the Federal Communications Commission, Brendan Carr — an author of Project 2025 who has called for gutting Section 230 protections.

Streamate's Elevate Partners With Miss Mei on Decriminalization Initiative

Streamate’s Elevate initiative is debuting a November collaboration with creator and community advocate Miss Mei that will highlight the modern criminalization of sex work.

Show More