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24 June 2010 ,
Written by Dhruv Tanwar
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A US court has ruled the Viacom does not have a case in the $1 billion infringement lawsuit it brought against Google's video site YouTube for hosting its copyrighted video clips. US District Judge Louis Stanton brought the case to a close, ruling that Viacom did not have much of a case, given that You Tube had removed almost all of Viacom's copyrighted material the day after it received a take-down notice from Viacom in February 2007.
The court granted Google's motion for summary judgment in Viacom’s lawsuit with YouTube, which means the court decided that YouTube is protected by the safe harbor of the Digital Millennium Copyright Act (DMCA) against claims of copyright infringement. Reports said that according to the provisions of the Act, a web service provider is protected from infringement liability if it removes infringing material when requested by copyright holders, and that service providers are not mandated to police their web sites for material that infringes on copyrights.
“The decision follows established judicial consensus that online services like YouTube are protected when they work cooperatively with copyright holders to help them manage their rights online,” Google said on its official blog.
In February 2007, Viacom served Google with more than 100,000 DMCA takedown notices for video-sharing site YouTube, alleging en-mass copyright infringement. On March 13, 2007, Viacom followed up that action with a $1 billion lawsuit against Google and YouTube for massive copyright infringement, saying that the web site's users uploaded copyrighted material to YouTube and the resultant losses were big enough to impact Viacom revenues and significant enough for YouTube to profit from advertising revenue.
Viacom is expected to appeal the ruling. In a statement, the company said, “We believe that this ruling by the lower court is fundamentally flawed and contrary to the language of the Digital Millennium Copyright Act, the intent of Congress, and the views of the Supreme Court as expressed in its most recent decisions. We intend to seek to have these issues before the US Court of Appeals for the Second Circuit as soon as possible. After years of delay, this decision gives us the opportunity to have the Appellate Court address these critical issues on an accelerated basis.” Viacom owns some of the best known entertainment brands in the world, including MTV, VH1, CMT, Logo, Nickelodeon, Nick at Nite, Nick Jr., COMEDY CENTRAL, Spike TV, TV Land, BET, Rock Band, AddictingGames, Atom, Neopets, Shockwave and Paramount Pictures. |