More than 150 years ago, Supreme Court Justice Joseph Story found that copyright and patent cases come 'nearer than any other class of cases belonging to forensic discussions, to what may be called the metaphysics of the law where the distinctions are, or at least may be, very subtile [sic] and refined, and, sometimes, almost evanescent.'
Viacom v. YouTube
This suit is potentially dealing with a very important issue that goes way beyond YouTube's actions or inactions ' the scope of the DMCA in today's Internet. The technology being utilized by YouTube was not even imagined a decade ago when the DMCA was enacted. <br/>However, it is open for speculation that this suit, coming such a short time following a negotiations break-down between the parties on entering into a licensing arrangement, is just a negotiation strategy, gambit or ploy by Viacom for a more favorable deal.
By
Sean F. KaneThis premium content is locked for LawJournalNewsletters subscribers only
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