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District Court Grants YouTube's 'Safe Harbor' Summary Judgment Motion
In Viacom Int'l Inc. v. YouTube, Inc., Nos. 07-CV-2103, 3582, 2010 U.S. Dist. LEXIS 62829 (S.D.N.Y. June 23, 2010), the District Court for the Southern District of New York granted defendants' motion for summary judgment that they are entitled to the Digital Millennium Copyright Act's (“DMCA”), 17 U.S.C. ' 512(c), “safe harbor” protection against all of plaintiffs' direct and secondary infringement claims, because they had insufficient notice, under the DMCA, of the particular infringements in suit.
Defendant YouTube, which is owned by defendant Google, operates a Web site onto which users may upload video files free of charge. Uploaded files are copied and formatted by YouTube's computer systems, and then made available for viewing. Plaintiffs brought suit alleging that “tens of thousands of videos on YouTube, resulting in hundreds of millions of views, were taken unlawfully from Viacom's copyrighted works without authorization” and that “Defendants had 'actual knowledge' and were 'aware of facts or circumstances from which infringing activity [was] apparent,' but failed to do anything about it.” Defendants moved for summary judgment of no liability under the safe harbor provision of the DMCA.
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