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<i><b>Online Extra</i></b>Court Torpedoes Viacom's Lawsuit Against YouTube
Viacom failed again to persuade a U.S. district judge to let it proceed with its massive copyright infringement suit against YouTube and parent company Google. Viacom alleged that YouTube knowingly lets its users post clips from copyrighted Viacom shows and movies; YouTube countered that copyrighted material was posted without its knowledge, and that it deleted clips as soon as it discovered that they were suspect.
In the latest ruling, Judge Louis Stanton of the U.S. District Court for the Southern District of New York granted the defendants' motion for summary judgment. Viacom International Inc. v. YouTube Inc. 07 Civ. 2103. District Judge Stanton had granted the defendants' previous motion for summary judgment in 2010, finding that YouTube was protected by the safe harbor provisions of the Digital Millennium Copyright Act (DMCA), which shields parties that quickly remove infringing material. But a panel of the U.S. Court of Appeals for the Second Circuit reversed Judge Stanton's ruling in 2012. Viacom International Inc. v. YouTube Inc. 676 F.3d 19 (2d Cir. 2012). The panel directed Stanton to examine whether YouTube was aware that around 77,000 specific clips were infringing.
Hearing the case for the second time, Judge Stanton found that it was up to copyright owners such as Viacom ' and not YouTube ' to show that specific clips were infringing. According to the judge, '[P]laintiffs lack proof that YouTube had knowledge or awareness of specific infringement,' and as a result, YouTube was still protected by the DMCA's safe harbor provisions. Viacom announced it planned to appeal.
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