YouTube Beats Viacom In Copyright Suit (Again); Viacom To Appeal (Again)

youtube-logo-200To borrow a famous quote from Yogi Berra: It’s like deja vu all over again.

YouTube beat Viacom again today in the long-running copyright battle the two have waged, and Viacom is again saying that it plans to appeal the ruling. The Hollywood Reporter broke the news and has posted the court’s decision, too.

In today’s ruling, Judge Louis Stanton — who also ruled in YouTube’s favor back in 2010 — wrote that “the burden of showing that YouTube knew or was aware of the specific infringements of the works in the suit cannot be shifted to YouTube to disprove.” That’s a fundamental concept of the Digital Millennium Copyright Act (DMCA) — the burden of proof is on the party complaining of copyright infringement.

Viacom responded in a brief blog post today, saying it plans to appeal this latest decision:

This ruling ignores the opinions of the higher courts and completely disregards the rights of creative artists. We continue to believe that a jury should weigh the facts of this case and the overwhelming evidence that YouTube willfully infringed on our rights, and we intend to appeal the decision.

Viacom first sued YouTube in 2007, claiming copyright infringement because YouTube users had posted thousands of clips from Viacom-owned programs. Google/YouTube won a summary judgment in June 2010 when Judge Stanton first ruled that the DMCA’s “safe harbor provisions” protect Google from copyright claims over the activity of its users. Viacom appealed that decision in December 2010; in 2012, a U.S. appellate court abandoned the original ruling.

Related Topics: Channel: Video | Google | Google: Legal | Google: YouTube | Legal | Legal: Copyright & Trademark | Top News

Sponsored


About The Author: is Editor-In-Chief of Marketing Land. His news career includes time spent in TV, radio, and print journalism. His web career continues to include a small number of SEO and social media consulting clients, as well as regular speaking engagements at marketing events around the U.S. He recently launched a site dedicated to Google Glass called Glass Almanac and also blogs at Small Business Search Marketing. Matt can be found on Twitter at @MattMcGee and/or on Google Plus. You can read Matt's disclosures on his personal blog.

Connect with the author via: Email | Twitter | Google+ | LinkedIn



Marketing Day:

Get the top marketing stories daily!  

Share

Other ways to share:
 

Read before commenting! We welcome constructive comments and allow any that meet our common sense criteria. This means being respectful and polite to others. It means providing helpful information that contributes to a story or discussion. It means leaving links only that substantially add further to a discussion. Comments using foul language, being disrespectful to others or otherwise violating what we believe are common sense standards of discussion will be deleted. You can read more about our comments policy here.

Comments are closed.

Get Our News, Everywhere!

Daily Email:

Follow Marketing Land on Twitter @marketingland Like Marketing Land on Facebook Follow Marketing Land on Google+ Subscribe to Our Feed! Join our LinkedIn Group Check out our Tumblr! See us on Pinterest

 
 

Click to watch SMX conference video

Join us at one of our SMX or MarTech events:

United States

Europe

Australia & China

Learn more about: SMX | MarTech


Free Daily Marketing News!

Marketing Day is a once-per-day newsletter update - sign up below and get the news delivered to you!