US District Court Resolves Viacom v. Youtube Case, Reaffirming DMCA
4/18/2013
A trial court resolved outstanding issues in the long-running Viacom v. YouTube copyright case today,
exonerating the online video service and dismissing the complaint. The
plaintiffs wanted YouTube penalized for infringement on its platform committed
by users, notwithstanding that YouTube had removed content upon complaint -- on one
occasion, even taking down 100,000 videos overnight.
After an appellate decision last year, the parties had returned to
the trial court, where Viacom and other plaintiffs took the position that
it was YouTube's responsibility to demonstrate its innocence,
essentially shifting their burden of proof onto YouTube. The
court rejected this effort today, dismissing Viacom's argument as
"ingenious" but "anachronistic."
The Computer & Communications Industry Association had filed several
briefs in the case in support of YouTube, because this was a case that
threatened all Internet platforms’ ability to innovate without fear of
perpetual litigation.
The following statement can be attributed to CCIA President &
CEO Ed Black:
"After more than 6 years and a hundred million in legal fees,
a court has now told us what we already knew: that YouTube is a responsible,
innovative service. Far too many less financially secure innovative
online services have been litigated into oblivion by excessive claims by
copyright maximalists. Today's decision may have vindicated YouTube, but
it also reveals how overreaching content companies have been trying to use
copyright to cudgel innovation."
The following statement can be attributed to CCIA Vice President
Matt Schruers:
“Today’s ruling provides greater certainty for the Internet
sector. It establishes that YouTube met its obligation under the
law to respond to infringement allegations."
“The lower court’s decision reaffirms that a responsible
service with a reasonable process for addressing infringing claims should not
be treated like a pirate. The copyright holders asked the court to
disregard the safe harbors in the law, safe harbors that are essential to
the Internet industry. We are encouraged that the court rejected that
dangerous concept.”