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
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...
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...