AfterDawn: Tech news

Viacom v. YouTube lawsuit in appeals court, Viacom claims YouTube 'induced' copyright infringement

Written by James Delahunty (Google+) @ 03 Nov 2013 17:13

Viacom v. YouTube lawsuit in appeals court, Viacom claims YouTube 'induced' copyright infringement Viacom is persisting with its billion dollar lawsuit against Google's YouTube, despite previous defeats and drastic changes at the service.
Viacom originally sued YouTube before it had tools like Content I.D. that could be used to control the upload of potentially infringing content on the service. Even so, Viacom already lost this battle when a New York district court didn't agree with its case, and now Viacom is heading to the Second Circuit Court of Appeals.

YouTube finds protection in the Digital Millennium Copyright Act (DMCA) of 1998, specifically the safe harbour provisions that protect service providers like it.

As long as YouTube - as a service provider - does not encourage or induce copyright infringement through its service, and responds and acts on legitimate DMCA requests, it should be safe under the provisions afforded to it in the DMCA, and so far it has.

However, the Electronic Frontier Foundation (EFF) is warning that Viacom's argument to the appeals court is challenging YouTube's protection under the safe harbor provisions and suggesting that YouTube actually induced copyright infringement.

The EFF makes two simple arguments against Viacom's position.

"First, 'inducement' is just a particular species of secondary copyright infringement, and the DMCA safe harbor expressly provides protection for all types of secondary liability, Therefore, if a service provider has otherwise followed the DMCA rules (taking down material when its get s a proper DMCA notice, etc,) a content owner can't use inducement to effectively strip a service provider of DMCA protections.

Second, Viacom gets the standard for inducement liability wrong, setting the bar much too low. According to Viacom, a bunch of, ahem, ill-advised internal emails, knowledge that the service could be used to infringe, and the business choice not to let some content owners use its filtering tools, taken together, amount to inducement."

The EFF says that Viacom has to show affirmative and public acts encouraging infringement, and link those acts to actual infringing activity.

Read: Viacom v. YouTube EFF PK Amicus Brief (PDF)

Previous Next  
Comments have been disabled for this article.

Latest news

A bug in Chrome allows you to download Netflix movies A bug in Chrome allows you to download Netflix movies (25 Jun 2016 15:21)
A group of security researchers have found a vulnerability in Google's Chrome browser that allows downloading movies straight from Netflix. This is obviously not a feature especially the entertainment ....
7 user comments
Three out of four Netflix customers would rather cancel than watch ads Three out of four Netflix customers would rather cancel than watch ads (25 Jun 2016 14:05)
For a long time Netflix was adamant on its pricing. No changes were made for a long time and everything seemed to be good. The markets obviously reacted and more expensive deals and original ....
5 user comments
Apple Music left in the dust, Spotify at 100 million subscribers Apple Music left in the dust, Spotify at 100 million subscribers (25 Jun 2016 12:01)
Spotify has told The Telegraph that it has surpassed the 100 million mark in subscribers. Paying subscribers was earlier this year reported to have passed 30 million. Apple meanwhile is having ....
2 user comments
Rumor has it that Apple has cancelled iPhone's dual camera Rumor has it that Apple has cancelled iPhone's dual camera (18 Jun 2016 18:05)
The next iPhone will be a major upgrade to current iPhone 6s. This biyearly full upgrade cycle provides us with a bigger upgrade every two years. But how will Apple update its number one product, ....
6 user comments
OnePlus releases new flagship killer, smaller X discontinued OnePlus releases new "flagship killer", smaller X discontinued (18 Jun 2016 16:11)
The small Chinese smartphone maker OnePlus took the world by storm two years ago by releasing a super cheap flagship smartphone. They called it the flagship killer, and it indeed challenged ....
4 user comments

News archive