District Court Rules YouTube Protected by DMCA Safe Harbor Provisions in Viacom Copyright Infringement Suit
By Chinh Vo – Edited by Gary Pong
Viacom Int’l Inc. v. YouTube, Inc., No. 07 Civ. 2103 (S.D.N.Y. June 23, 2010)
Slip Opinion hosted by Justia.com
On June 23, 2010, the U.S. District Court for the Southern District of New York granted Google’s motion for summary judgment in a copyright infringement suit brought against its video-sharing service YouTube by media company Viacom.
In dismissing the suit, Judge Louis L. Stanton held that YouTube was protected from Viacom’s copyright infringement claims under the “safe harbor” provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512. These provisions give Internet service providers immunity from copyright liability for user-uploaded material so long as the providers remove copyrighted material promptly after receiving a takedown notice from the rights holder. The district court’s ruling was embraced by Internet companies as a positive step in the continued evolution of user-generated websites, but also strongly rebuked by some as making it more difficult for copyright holders to protect their works.
The Electronic Frontier Foundation provides links to the parties’ briefs. The New York Times and Ars Technica provide summaries of the case. Wired discusses the case in the context of other recent rulings involving the DMCA.