Posts Tagged ‘Viacom YouTube’
  1. April 16, 2012

    As a result of Viacom v. YouTube the Future of the Red Flag Standard in DMCA Litigation Is Black

    Thankfully the Second Circuit in Viacom v. YouTube  has reversed Judge Stanton’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 § 512(c)(1)(A)(i) and (ii) of the DMCA each required actual knowledge of specific and identifiable infringements.

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