Viacom lost its $1 billion lawsuit against Google and
YouTube for alleged copyright infringement when a judge granted summary
judgment. YouTube's defense was that it used the "safe harbor"
protection of the Digital Millennium Copyright Act (DMCA) where YouTube would
NEW YORK - (Mealey's) A "general awareness"
of infringing activity on its Web site is not sufficient to find YouTube Inc.
guilty of any copyright infringement claims, a New York federal judge ruled
June 23, granting the online video-sharing service's motion for summary
Court reaffirms that copyright owners bear the burden of
protecting their material under the DMCA "Safe Harbor" Act.
On June 23, 2010 , the court for the Southern District of New York
ruled in favor of YouTube by dismissing Viacom's claims for copyright
infringement. Viacom claimed...
by Dan Warren, David Weslow, and Josh Curry
On July 27, 2010, the Librarian of Congress, acting on the recommendation of the Copyright Office, exempted six classes of copyrighted works from a provision of the Digital Millennium Copyright Act ("DMCA") that prohibits users from circumventing...
Hacking a security device
in order to use software is not a violation of a law barring the circumvention
of technology that "controls access" to copyrighted works, such as
software. The Fifth Circuit makes this fine distinction in MGE UPS Sys. v. GE Consumer & Indus. , 612 F.3d 760 (5th...
In June 2010, the court
for the Southern Dist. of NY ruled in favor of YouTube by dismissing Viacom's
claims for copyright infringement. The court held that general knowledge was
not enough to bar YouTube from protection under the DMCA safe harbor provision.
It found the burden of protecting...
Digital Millennium Copyright Act (DMCA) makes it unlawful to circumvent a
technological measure that effectively controls access to a work protected by
copyright and to traffic in devices designed to accomplish that end.
Previously, wonderment was expressed at the Fifth Circuit's interpretation...
Case: The Football Association Premier League Ltd., et al. v. YouTube Inc., et al., No. 10-3342, 2nd Cir.; See August 2009, Page 11.
Full story and appellants' brief on lexis.com . On appeal from Viacom Int'l, Inc. v. YouTube, Inc., 718 F. Supp. 2d 514 (S.D.N.Y. 2010) .
Table of Contents...
On Dec. 23, a California federal judge issued a preliminary
injunction barring a defendant from sending copyright notices to eBay Inc.
pursuant to the Digital Millennium Copyright Act (DMCA) ( Design Furnishings, Inc. v. Zen Path, LLC , 2010 U.S. Dist. LEXIS
135819 (E.D. Cal. Dec. 23, 2010) [ enhanced...
The Digital Millennium Copyright Act (DMCA) provides
safety from copyright claims for a website operator or host who takes down
content on a website that it did not generate or for businesses giving access
to others. The safety, however, is only available if those business meet the
requirements and follow...
Yesterday, the Second Circuit issued an opinion clarifying
the contours of the Digital Millennium Copyright Act's (DMCA) safe harbor for online
service providers. 17 U.S.C. § 512(c) limits liability for copyright
infringement that occurs "by reason of the storage at the direction of...
"Pinterest is a $7.7 Billion Company." (quoted from Debra
Borchardt, "Pinterest Is a $7.7 Billion Company," Forbes , April 16, 2012, accessed April 17, 2012, http://onforb.es/IQd1UO ).
Forbes , based on Pinterest's large and growing usage numbers . Forbes
On the surface, the 2d and 9th Circuits appear to be in harmony regarding the standards in measuring the availability of the DMCA safe harbor to on-line service providers. Each agrees that failing to take down infringing content, despite awareness of facts that would cause a reasonable person to conclude...