Thankfully the Second Circuit in Viacom v. YouTubeÂ has reversed Judge Stantonâ€™s see no evil, speak no evil opinion which had granted summary judgment to YouTube. But in response to the “most important” issue the appellate court stated it faced, that court dropped the ball.
The issue was whether the actual and red flag standards in Â§ 512(c)(1)(A)(i) and (ii) of the DMCA each required actual knowledge of specific and identifiable infringements.
April 16, 2012
December 27, 2011
The safe harbor created by Section 512(c) of the Digital Millennium Copyright Act (DMCA) may now be an Internet service provider’s Bali Hai.
Thatâ€™s because on December 20, 2011, the Ninth Circuit held in UMG v. Veoh that a webhost will only lose its safe harbor immunity under this section if it has specific knowledge of infringing content on its site and fails to take down that content.
July 25, 2011
â€śAppealing YouTube: The Experts Debate!â€ť Program in DC on Wedensday July 27 Sponsored by the Copyright Society
The Copyright Society is sponsoring a very interesting event this Wednesday July27 in D.C. The program is entitled Appealing YouTube: The Experts Debate!â€ťÂ The program will debate the many safe harbor issues in Viacom v. YouTube now on appeal to the Second Circuit.
Moderating will be Robert Kasunic, the Deputy General Counsel, U.S. Copyright Office. The fine panelists are: Jonathan Band of Jonathan Band PLLC; Patrick Coyne ofÂ Finnegan, Henderson, Farabow, Garrett & Dunner LLP; Russell Frackman of Mitchell Silberberg & Knupp LLP; Ron Lazebnik: Fordham University School of Law; and Mary Rasenberger: Skadden, Arps, Slate, Meagher & Flom LLP.
December 6, 2010
Viacom/YouTube: Will The 2d Circuit Continue to Shield YouTube from Liability under the DMCA for Welcoming Infringement On Its Site?
The Viacom/YouTube copyright infringement case is a classic, 4-year fight between two media goliaths that is now atÂ the Second Circuit. Hopefully that court will give some guidance about the scope of safe harbor protections for internet service providers (ISPs) under the Digital Millennium Copyright Act (â€śDMCAâ€ť). Viacom lost the first round when the district court granted YouTube’s motion for summary judgment dismissing Viacomâ€™s copyright infringement claims.
October 3, 2010
Secondary Liability under the DMCA: Has the DMCA Shrunk Contributory Infringement and Vicarious Liability?
The common law doctrines of contributory infringement and vicarious liability are a staple of copyright infringement law. But the Digital Millennium Copyright Act (â€śDMCAâ€ť) has significantly reshaped these doctrines.
Naomi Jane Gray, Esq., in her remarks to the Copyright Subcommittee of the Intellectual Property Litigation Committee of the ABA on September 28, 2010,Â clearly charted the changes the DMCA has made to secondary liability.
July 30, 2010
Viacom v. YouTube: Can A Web Host Welcome and Profit From Infringing Activity and Then Claim Not to Know About It?
Is Judge Stantonâ€™s decision in Viacom v. YouTube vulnerable on appeal? You bet. Before I explain why some background.
The Action and Motions
In 2007 Viacom sued YouTube for copyright infringement alleging that YouTube posted on its site tens of thousands of Viacomâ€™s videos without permission. Viacom argued in its summary judgment motion:
YouTubeâ€™s founders single-mindedly focused on geometrically increasing the number of YouTube users to maximize its commercial value.