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

Flirt4Free Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Flirt4Free in a case against a copycat website using an infringing domain.

Irish PM Affirms Plan for UK-Style Ban on 'Extreme' Content

Ireland’s prime minister on Wednesday confirmed that his government is moving ahead with plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, which he hopes to see passed by early 2027.

UK Parliamentary Group Calls for Outlawing Cam Platforms

The U.K. Parliament’s All-Party Parliamentary Group (APPG) on Commercial Sexual Exploitation has published a report in which it calls for banning adult livestreaming platforms.

Ofcom Escalates Sun Social, Superb Convert Investigations

U.K. media regulator Ofcom has ramped up its ongoing Online Safety Act (OSA) compliance investigations into PlayVids/PeekVids operator Sun Social Media and PimpBunny operator Superb Convert.

Centrobill Rolls Out Apple Pay, Google Pay Options

Centrobill has added Apple Pay and Google Pay options for merchants.

Judge Preliminarily Approves Pornhub Class Action Settlement

A U.S. District Court judge on Monday granted preliminary approval to a settlement between Aylo and the plaintiffs in two class-action lawsuits over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Roald Riepen Steps Down as CEO of IMC

Roald Riepen, CEO of International Media Company (IMC), is stepping down.

Ofcom Sets Timeline for Enforcing 'Extreme' Content Rules

Before U.K. media regulator Ofcom begins enforcing new laws criminalizing certain “extreme” adult content online, it will first hold a consultation in early 2027, and then provide updated guidance for sites and platforms.

FSC Publishes Guidance on New UK Pornography Laws

The Free Speech Coalition (FSC) has published information for its members on the United Kingdom's recently passed pornography laws, which take effect next week.

Brazil Issues Guide to Digital Safety Compliance

Brazil’s National Data Protection Agency (ANPD) published on Wednesday a new guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Show More