LexisNexis® Legal Newsroom
Google & YouTube Not Liable For Copyright Infringement

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 remove allegedly...

Judge Grants YouTube Summary Judgment on Viacom’s $1 Billion Infringement Claim

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 judgment...

Court Dismisses Viacom's $1 Billion Copyright Claims Against YouTube

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...

Copyright Ruling Allows Bypass of DVD, Smartphone Protection Mechanisms

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...

Software Makers, Take Note: Court Defines "Circumvention" Downward

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...

Court Dismisses Viacom's $1 Billion Copyright Claims Against YouTube

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...

The DMCA Re-Fanged: Copyright Protection for Software Security Devices

The 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...

Copyright Holders Say Congress Did Not Intend For DMCA Harbor To Be This Safe

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...

Plaintiff accuses defendant of misrepresenting infringement; successfully bars defendant’s copyright notices to eBay: Design Furnishings v. Zen Path (E.D. Cal. Dec. 23, 2010)

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...

Don't Guess: The DMCA Provides a Road Map for Safe Handling of Copyright Claims

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...

Second Circuit Rekindles YouTube Copyright Infringement / DMCA Safe Harbor Case

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...

Can Content Owners Pin Infringement on Pinterest?

"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 ). Thus spake Forbes , based on Pinterest's large and growing usage numbers . Forbes went...

Gimme Shelter: When Does a Content-Sharing Website Incur Copyright Liability?

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...