Thursday, April 18, 2013

YouTube wins again

Once again, YouTube has won, in Viacom v. YouTube.

The plaintiffs had previously convinced the Second Circuit to remand the case to the district court for determination of some factual issues relating to specific videos. District Judge Louis L. Stanton has now resolved all of the issues in favor of YouTube, and once again dismissed the case.

In doing so he held that
-YouTube did not have knowledge or awareness of any specific infringement
-YouTube did not engage in "willful blindness" towards any specific infringement
-YouTube did not induce its users to commit copyright infringement or otherwise interact with its users to a point where it might be said to have participated in their infringements
-YouTube's syndication of videos did not involve manual selection or delivery of videos

April 18, 2013, Opinion Granting Summary Judgment to Defendant After Remand, Hon. Louis L. Stanton

Commentary & discussion:



Riley said...

Wow. YouTube can do no wrong.

raybeckerman said...

Riley, it's not that it "can do no wrong", it's that it "did no wrong".

Its business model is based on the DMCA, and it has complied with the DMCA.

What scares me about this case is that (a) Google has spent zillions of dollars defending the content cartel's bogus and desperate arguments, (b) most people don't have the money Google has in its bank account with which to play this game, and (c) allowing all this discovery and other gamesmanship is the same as a defeat for the defendant.

Case in point, UMG v. Veoh, where Veoh won EVERY round but was forced out of business due to the legal costs of defending itself.