YouTube Victorious Again in Suit Against Viacom

NEW YORK — YouTube emerged victorious from yet another legal battle with Viacom last Thursday over claims of copyright infringement after a federal judge ruled that the Google-owned company could not be held liable without proof of its knowledge of particular instances of infringement.

U.S. Judge Louis Stanton once again affirmed YouTube’s protection under the safe harbors of Section 512 delineated by the Digital Millennium Copyright  Act after issuing a similar ruling in 2010.

At stake in the latest case was Viacom’s legal theories of “willful blindness” and related issues of cognizant-dependent infringement liability. In other words, Viacom sought to prove that YouTube was aware of infringement violations and/or purposefully ignored them.

 "The burden of showing that YouTube knew or was aware of the specific infringements of the works in the suit cannot be shifted to YouTube to disprove," Stanton said.

The battle between the two media monoliths has been raging since 2007 when Viacom filed a suit against the Google-owned company. The five-year-old case purportedly cost the two parties more than $200 million in attorney fees.

The case bodes well for some adult tube sites that have become a prevalent and lucrative business model and have long-sought protection under safe harbor protections, according to adult industry attorney Corey Silverstein, who also noted that porn tube site operators should remain vigilant against copyright infringement accusations.

“While this ruling solidifies safe-harbor protections for a service provider pursuant to the DMCA; tube site operators need to be very careful in adhering to the requirements of the DMCA in order to avoid losing safe harbor protections,” Silverstein said.  “Every tube site operator should consult with an attorney who is well familiar with DMCA and its stringent requirements.”                          

While tube sites — porn and mainstream — may flourish under the protection afforded by Stanton’s latest ruling, not all adult content producers are rejoicing.

Many adult content producers and purveyors voiced their concern about the DMCA’s failure to safeguard their intellectual property at XBIZ 360°'s Digital Media Conference held in January.

According to attorney Gill Sperlein, adult website owners are especially at risk for infringement because of a judicial bias against adult content — and the financial toll on producers and distributors can be damaging.

"Explain the truth behind this — educate and be vocal about the issues because judges and their clerks read the blogs, and typically judges have a very anti-adult copyright stance," Sperlein said at the conference. "There are real jobs at stake, and they need to know that. These cases aren't about shaking people down, there about stopping a source that really is bleeding the industry."

Viacom plans to file an appeal against Stanton’s ruling.

Related:  

Copyright © 2026 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

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Playhaus Network Launches Podcast Platform Through PAYSITE

Entertainment website The Playhaus Network is launching its new podcast platform through PAYSITE.

Sportsheets Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of adult brand Sportsheets in a case against a copycat website using an infringing domain.

Kylie Rocket, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the third quarter of 2026.

JustFor.fans Launches Android Version of 'JFF Create' Mobile App

JustFor.fans (JFF) has rolled out an Android-compatible version of its creator management mobile app, JFF Create.

Kink.com Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Kink.com in a case against a copycat website using an infringing domain.

On-Chain JAV Distribution Platform 'HandSome' Goes Live With Open Beta

Fukuoka tech firm Fidem has officially rolled out an open beta version of HandSome, a new Japanese Adult Video (JAV) content distribution platform built on blockchain technology.

Arcom Investigates MYM Over SREN Compliance

French media regulator Arcom is investigating creator platform MYM to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

Show More