Viacom v. YouTube: District Court Again Dismisses All Copyright Claims Against YouTube

Judge using his gavelOn remand from the Second Circuit, which had partially reversed the district court’s summary judgment dismissing Viacom’s copyright infringement claims against YouTube, the district court has again dismissed all claims on DMCA safe harbor grounds.

After Judge Stanton first dismissed Viacom’s case, holding on summary judgment that YouTube was shielded by the DMCA safe harbor, the Second Circuit reversed and remanded for further briefing due to questions regarding, inter alia, whether the record evidence established (1) YouTube’s actual or “red flag” knowledge of specific infringing activity, (2) willful blindness to such activity, and (3) whether YouTube had the right and ability to control the infringing activity.

On remand, and after further briefing, Judge Stanton again granted summary judgment on all counts to YouTube. [Read more…]

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:

Copyright Society Program: Viacom vs. YouTube Appeal – Register Now!

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Creative Commons License photo credit: elmorsa

Registration Deadline Monday, July 25 – Limited Seats Available!

I encourage anyone in D.C., or anyone who can make it down for a day, to quickly register for a great program on the ongoing Viacom v. YouTube copyright litigation:

APPEALING YOUTUBE: THE EXPERTS DEBATE!

The Washington D.C. Chapter of the Copyright Society of the U.S.A. is holding a membership building event on Wednesday, July 27th, 2011 from 4 p.m. to 6 p.m. [Read more…]