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

Aylo Willing to Work With Australia's Online Censor on Device-Based AV Solutions

The office of Australia’s top online censor, unelected eSafety Commissioner Julie Inman Grant, released a new roadmap for implementing age verification according to the country’s Online Safety Act.

Spain's Technology Minister Unveils Soon-to-be-Mandatory Age Verification App

Spain’s anti-sex work and anti-porn Socialist Party (PSOE) government led by Prime Minister Pedro Sánchez unveiled a new age verification app that will become a mandatory step to access any adult content by anyone in the country starting in September.

FSC Drops Opposition to California Age Verification Bill After Amendments

Free Speech Coalition (FSC) has dropped its formal opposition to California’s age verification bill AB 3080, after an amendment secured through months of discussions with the bill’s author was heard by the Senate Judiciary Committee.

SCOTUS Agrees to Hear Texas Age Verification Challenge

The United States Supreme Court granted on Tuesday the petition for a writ of certiorari in the Free Speech Coalition-led challenge to Texas’ age verification law, agreeing to hear the case in the next term.

Dorcel Group Acquires LifeSelector

Dorcel Group has acquired interactive content company LifeSelector.

Etsy Updates Policy to Ban Sale of Most Adult Pleasure Products, Content

Etsy will ban sales of most pleasure products and content that depicts sex acts and genitalia starting July 29.

Jamie Page Is LoyalFans' 'Featured Creator' for July

LoyalFans has named Jamie Page as its Featured Creator for July.

Stripper, Adult Businesses Challenge Florida's Under-21 Ban for Adult Entertainment Workers

Strip clubs and other adult entertainment establishments in Florida are challenging the state’s law that prevents them from employing adults between the ages of 18 and 20.

Byborg's Le Shaw Research Institute Teams Up With SWOP Behind Bars

LiveJasmin parent company Byborg Enterprises’ Le Shaw International Sexual Health and Wellness Research Institute has joined forces with U.S.-based sex worker advocacy group SWOP Behind Bars.

AI Erotic Storytelling Platform 'Erota' Launches

Erota, a new AI-powered erotic storytelling platform, has debuted.

Show More