YouTube Wins Case Against Viacom

NEW YORK — A federal court today granted YouTube a summary judgment in its case with Viacom over copyright infringement.

That means that the court has sided with YouTube, saying it is protected by the safe harbor of the Digital Millenium Copyright Act (DMCA) against claims of copyright infringement, including claims for “inducement” contributory liability.

In his 30-page ruling, U.S. District Judge Louis Stanton in New York said massive volumes of evidence submitted in the case had convinced him that YouTube did what it needed to do to fall under the "safe harbor" provisions of the copyright law.

The decision follows established judicial consensus that online services like YouTube are protected when they work cooperatively with copyright holders to help them manage their rights online.

Viacom claimed in the lawsuit that “tens of thousands of videos on YouTube, resulting in hundreds of millions of views, were taken unlawfully from Viacom’s copyrighted works without authorization.”

Viacom claimed that YouTube was liable for intentional infringement because they had “actual knowledge” and were “aware of facts and circumstances from which infringing activity was apparent,” but failed to “act expeditiously” to stop it.

Attorney Gill Sperlein, who is Titan Media's general counsel and leads Sperlein Law, told XBIZ that while a good portion of the Court’s order is well reasoned, there are important principles that it simply got wrong.

“Specifically, the court ruled that an ISP must have direct knowledge of infringing activity in order to be able to control it. This is a departure from a long line of cases addressing vicarious copyright infringement," Sperlein said.

YouTube claimed that when it received specific notice that a particular item infringed a copyright, they swiftly removed it. Additionally, YouTube said that most were removed in response to DMCA takedown notices.

Judge Stanton agreed, noting that Viacom had spent several months accumulating about 100,000 videos violating its copyright and then sent a mass takedown notice in 2007. By the next business day, Stanton said, YouTube had removed virtually all of them.

Viacom said it was appealing the case, calling the ruling "fundamentally flawed."

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

'Sex Workers Are Part of the "Everyone" That Deserves Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Noted Belgian adult producer and director Dennis Black Magic has been sentenced to 7 years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with Joe Cohn, a strong advocate for the adult industry’s rights who is running for Congress in November.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

FSC to Host Webinar on Derisking and the Adult Industry

The Free Speech Coalition (FSC) is hosting a webinar on derisking, titled "Derisking: Examining Its Impact on the Adult Industry's Access to Banking," on April 24 at 11 a.m. (PDT).

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified Tuesday against AB 3080, California’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Phoenix Marie Sues Aylo, Danny D Over Incident on Digital Playground Set

Phoenix Marie has filed a lawsuit against Aylo, performer/producer Danny D and other defendants, alleging she has suffered defamation and damage to her career over a 2023 incident on a Digital Playground set in Spain.

Show More