Andre Yoskowitz
10 Oct 2009 15:29
Cnet is reporting this week that Viacom has uncovered evidence that YouTube employees were responsible for uploading unauthorized Viacom content to the site before the media behemoth sued Google for $1 billion in 2007 over copyright infringement.
The evidence, mainly email correspondence, "indicate that YouTube managers knew and discussed the existence of unauthorized content on the site with employees but chose not to remove the material," say sources.
If the actions are proven true, YouTube would lose their "safe harbor" status under the DMCA, which says that service providers cannot be held liable for content posted by their users as long as they remove it when asked.
"The characterizations of the supposed evidence, made in violation of a court order, are wrong, misleading, or lack important context and notably come on the heels of a series of significant setbacks for the plaintiffs," YouTube spokesman Aaron Zamost added however, when Google was told of the alleged evidence. "The evidence will show that we go above and beyond our legal obligations to protect the rights of content owners."