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The case, at this stage, marks a big win for UGC sites.
In 2007, YouTube got hit with a serious $1B lawsuit initiated by Viacom (owners of Paramount, MTV and other big and famous media industry brands). The primary claim made in the pleadings talked of close to 160,000 YouTube clips which were posted without permission in violation of Viacom copyright.
YouTube and Google (which acquired the video sharing site after the suit was waged) claimed in their defense that they were acting in compliance with the U.S. DMCA (Digital Millennium Copyright Act), meaning, they used a notice and takedown procedure which dealt with infringing materials after the fact, in response to complaints of copyright owners.
A Federal court in NYC (Southern District of New York), has now ruled in favor of YouTube/Google. The case delivers YouTube a decisive victory on the question of interpretation of the safe harbor pursuant to DMCA's §512(c). The ruling in essence states that the current industry standard practices of notice-and-takedown for user-generated copyright infringement, meets the standard set by the safe harbor. This case may cement the practice of websites to not have to proactively detect and filter out infringing content. We will of course need to wait and see if the opinion withstands appeal (Viacom will undoubtedly try to attack the court's decision and may even attempt taking this case all the way up to the Supreme Court...)
I think the decision is very encouraging for user-generated-content sites. Unless, turned on appeal, the decision will act as shield for UGC platforms.
A Federal court in NYC (Southern District of New York), has ruled in favor of YouTube/Google on June 23, 2010. The delivers YouTube a decisive victory on the question of interpretation of the safe harbor pursuant to DMCA's §512(c). The ruling in essence states that notice-and-takedown of user-generated infringing content, meets the standard set by the safe harbor set forth by the law. So no need for websites to proactively detect and filter out infringing materials. We will of course need to wait and see if the opinion withstands appeal (Viacom will undoubtedly try to attack the court's decision and may even attempt taking this case all the way up to the Supreme Court…)
What else can I help you with?
What was the outcome of Viacom's infringement suit against YouTube?
YouTube's defense was that it merely hosts content, and cannot be held responsible for what its users to. A plain-English summary of the case can be found at the link below.
What is it called justices look at the previous courts decision on the case?
A judicial review.
How long does it take for a judge to make a decision on a case?
How long does it take for the courts to decide on a judicial release?
Does the previous court decision on the case handled by a lawyer who filed for motion to widraw counsel be affected?
An attorney withdrawing from the case has no bearing on the courts' decision. You may need to reword this question. It doesn't make sense as written.
Do Florida court of appeal decisions apply outside Florida?
Question is unclear. The decision of a FL Court of Appeals is binding on the courts within their jurisdiction in Florida. But this decision could be referred to and studied and applied by other states Courts of Appeal when rendering a decision on a similar or exact same case.
What kinds of rulings do appeals courts make?
The types of rulings are to uphold ,or keep the original decision made by the district court , reverse the district court's decision , or remand the case.
What was the courts desicion?
To provide an accurate response, I need more context about which court case or decision you are referring to. Please provide additional details or specify the case in question.
What is the key factor in the courts decisions to hear a case?
the key factor in the court's decision on hearing a case is that they include precedents, the nation's social atmosphere, and the justices own views.
How does the Court enforce its decisions on lower courts?
It doesn't have to "enforce"its decision (that's not the court's job), when a higher court acts on the case that is the law. Everybody is supposed to obey the law. If not the police, FBI, other enforcement agencies or methods are in place to enforce the higher courts decision. However a large part of what lawyers do in all courts is cite previous court decisions of other courts at all levels to convince the judge in their case that they are interpreting the law correctly for the benefit of their client.
Why is interpretation needed?
When dealing with the courts, the term interpretation is very important. When a case is presented to the court and the jury, their final decision will be determined by how they interpreted the case and the events that when on. For example, in a case of civil theft when the accused states their defense, the court will decide what happened by the story told. Their decision being their interpretation.
Why is Google absolutely terrible at handling YouTube copyright and license issues?
They're not terrible; Google has never lost a single case regarding its handling of videos on You Tube. Viacom sued them over use of videos from its networks on its system. Court held YouTube has immunity under DMCA. What Google has done was obtain a compulsory license from ASCAP pursuant to the court decision from 1947, so that if someone uses an ASCAP-licensed song in an uploaded YouTube video it is covered and does not have to be pulled for infringement. YouTube pays ASCAP a license fee and it covers all ASCAP-licensed music used in videos uploaded by users.
What three courts that specialize in only on type of case?
Juvenile courts, bankruptcy courts, family courts, drug courts, mental health courts, and small claim courts are all examples of courts that specialize in a certain type of case.
