Viacom International, Inc. v. YouTube, Inc.
- Case Date: 5/7/2010
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On April 5, 2012, the U.S. Court of Appeals for the Second Circuit reversed a district court decision that would have provided unwarranted immunity to website operators who tolerate and profit from copyright infringement. The decision was a victory for WLF, which filed a brief in the case urging reversal of the district court’s decision. At issue on appeal was whether YouTube qualified for a safe harbor created by the Digital Millennium Copyright Act of 1998 (DMCA). The district court had earlier held that YouTube’s enterprise falls within the DMCA safe harbor, which would entitle YouTube to absolute immunity from monetary damages resulting from its facilitation of copyright piracy. But the appeals court disagreed and held that sufficient evidence existed in the record that YouTube had, at least with respect to some specifically identified postings, “actual knowledge” that those postings were infringing, and was thus not entitled to statutory immunity.
More Information and Downloads:
12/10/2010: Download the Brief
5/7/2010: Download the Brief
Litigation Update: Court Clarifies Scope of Copyright Safe Harbor For Infringement Cases