Second Circuit Reverses YouTube Decision: DMCA Safe Harbor Might Not Apply

Break­ing News: The Sec­ond Cir­cuit has just reversed the dis­trict court’s sum­mary judg­ment rul­ing in the Via­com v. YouTube case, hold­ing  a rea­son­able jury could find that YouTube did not qual­ify for the DMCA safe har­bor.  More analy­sis to fol­low, but in the mean­time here is the decision:


  1. So the Safe Har­bor is not so safe after all… In my opin­ion, the axe just got even closer to Grooveshark’s head.


  1. […] Sec­ond Cir­cuit Reverses YouTube Deci­sion: DMCA Safe Har­bor Might Not Apply — The Sec­ond Cir­cuit reached a deci­sion in what will likely become one of the sem­i­nal DMCA cases from now on. I’ll have some thoughts on the deci­sion next week. […]

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