Court Revives Viacom Suit Against YouTube
YouTube may be liable for letting users post copyrighted material on its website, the 2nd Circuit ruled, reviving a suit by heavy-hitting media companies.
Under the “safe harbor” provision of the Digital Millennium Copyright Act (DMCA), liability hinges on a party’s knowledge or awareness of specific infringing activity.
The federal appeals court ruled last week that “a reasonable jury could find that YouTube had actual knowledge or awareness of specific infringing activity on its website.”
Viacom International and several other various film studios, television networks, music publishers and sports leagues had sued YouTube and its parent, Google, in 2007 for copyright infringement.
In August 2010, U.S. District Judge Louis Stanton granted summary judgment to YouTube and Google, finding that insufficient notice of the particular infringements entitled them to DMCA safe harbor protection.