Second Circuit Holds That YouTube is Not Protected by the "Safe Harbor" Provisions of the Digital Millennium Copyright Act

By | IP Law Blog | May 11, 2012

Online service providers and operators of such sites should take careful note of the Second Circuit Court of Appeals’ recent decision in Viacom Int’l, Inc. v. YouTube, Inc., Case No. 10-3342-cv (“Viacom”), where the court held that service providers and operators will not be protected from the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c), if they have “actual knowledge or awareness of facts or circumstances that indicate specific and identifiable instances of infringement.”

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LXBN TV: Second Circuit Revives Viacom’s $ 1 Billion Copyright Infringement Suit Against YouTube—Foley Hoag’s Jenevieve Maerker

By | LXBN | April 13, 2012

The resurrection of Viacom’s massive copyright infringement suit against YouTube has been the talk of the intellectual property community on LXBN this week. The Second Circuit Court of Appeals recently decided its 2010 summary judgement in favor of YouTube was premature and the video sharing site will once again have to defend itself against Viacom’s claims. To discuss the latest developments and what may lie ahead, we bring in Jenevieve Maerker of Foley Hoag and the Trademark & Copyright Law blog.

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Appellate Court Vacates Summary Judgment for Google in Copyright Infringement Suit

By | Ad Law Access | April 10, 2012

Last week the Second Circuit Court of Appeals issued an opinion in the ongoing copyright dispute between Viacom and YouTube/Google.  In 2006, Viacom filed a $1 billion lawsuit against Google, alleging that tens of thousands of videos submitted by users and displayed on YouTube violated Viacom’s copyrights, and that Google should be liable for the infringement.

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YouTube’s Safe Harbor Status Requires More Fact-Finding, Rules Second Circuit

The Second Circuit issued its opinion in Viacom v. YouTube last week.  This case is similar to UMG v. Shelter Capital Partners, LLC in that it addresses issues arising out of applying the Digital Millennium Copyright Act (DMCA) safe harbor provisions to a service provider that permits users to upload videos to its website and view video clips uploaded by others without charge.  See my post Veoh’s Services Protected by DMCA Safe Harbor, Rules Ninth Circuit for details on UMG v. Shelter Capital.

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Viacom Lives to Fight Another Day in YouTube DMCA Suit

The Second Circuit has vacated District Court (S.D.N.Y.) Judge Louis L. Stanton’s June 2010 dismissal of Viacom’s $1 billion copyright infringement suit against YouTube.  In a thorough opinion, the Second Circuit remanded the case to the district court for further consideration of several key aspects of the case

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