[LINK] copyright breach charge against YouTube back

[Jan Whitaker]

[In line with my earlier question about the iiNet case ]

Court reinstates case against YouTube

http://www.theage.com.au/technology/technology-news/court-reinstates-case-against-youtube-20120406-1wgbr.html
April 6, 2012

A lower court had previously ruled YouTube to be protected.

A New York appeals court has reinstated a copyright case against 
YouTube, finding that a jury could conclude that the online video 
service knew it was infringing rights.

The 2nd US Circuit Court of Appeals ruled on Thursday after Viacom 
asked that its case alleging "rampant copyright infringement" be 
reinstated after 
<http://www.smh.com.au/technology/technology-news/youtube-copyright-suit-thrown-out-20100624-z0da.html?rand=1333678019800>it 
was thrown out in 2010. Other companies have also had their 
<http://news.smh.com.au/breaking-news-technology/spanish-court-backs-youtube-in-copyright-case-20100923-15p0z.html?rand=1333678106697>charges 
against YouTube dismissed.

The court said a jury might conclude that the online video service 
knew it was infringing rights when it allowed the distribution of 
videos of popular television shows and other programs.

A lower court judge 
<http://www.smh.com.au/business/media-and-marketing/youtube-wins-copyright-fight-over-video-posts-20100624-z3ok.html?rand=1333678273909>had 
ruled that Google's popular video service was protected from 
copyright infringement claims.

Google bought YouTube for $US1.76 billion in 2006. The ruling 
concerns the safe harbour provision of the 1998 Digital Millennium 
Copyright Act. That provision shields a company from liability if it 
doesn't have actual knowledge of copyright infringement.

The New York-based Viacom owns popular cable channels such as MTV, 
Comedy Central and Nickelodeon.

What happens now?

Both sides have claimed satisfaction: YouTube has portrayed 
Thursday's decision as a victory, saying the court "rejected Viacom's 
reading of the law." Viacom is happy that it has another chance and 
said it's confident it will prevail.



Melbourne, Victoria, Australia
jwhit at janwhitaker.com
blog: http://janwhitaker.com/jansblog/
business: http://www.janwhitaker.com

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