
Viacom’s $1bn copyright infringement lawsuit against the pre-Google YouTube was thrown out in 2010 when a US judge ruled that the video site had been protected by the DMCA’s safe harbor provisions. That summary judgement has now been reversed by the Court of Appeals in Manhattan, though, meaning the case is back on. “A reasonable jury could find that YouTube had actual knowledge or awareness of specific infringing activity on its website,” notes the new ruling. It’s complicated though: both sides are still claiming to have the upper hand. “The court delivered a definitive, common sense message – intentionally ignoring theft is not protected by the law,” says Viacom’s statement. Meanwhile, Google notes that even the appeals court ruling states that three of its software functions are protected by the DMCA. “All that is left of the Viacom lawsuit that began as a wholesale attack on YouTube is a dispute over a tiny percentage of videos long ago removed from YouTube.”
Source: Bloomberg
Source: Hollywood Reporter
Source: Ars Technica
Source: Copyhype
Source: Michael Robertson