July 6, 2010
Media giant Viacom brought suit against YouTube claiming that “tens of thousands of videos on YouTube, resulting in hundreds of millions of views, were taken unlawfully from Viacom’s copyrighted works without authorization” and that YouTube “had actual knowledge and [was] aware of facts or circumstances from which infringing activity was apparent, but failed to do anything about it.” Viacom Intern. Inc. v. YouTube, Inc., 2010 WL 2532404, 3 (S.D.N.Y. 2010).
The court explored the legislative history of the Digital Millennium Copyright Act (DMCA) and found for YouTube.
To let knowledge of a generalized practice of infringement in the industry, or of a proclivity of users to post infringing materials, impose responsibility on service providers to discover which of their users’ postings infringe a copyright would contravene the structure and operation of the DMCA.
Id. at 8.
See the case on Westlaw: 2010 WL 2532404
On WestlawNext: 2010 WL 2532404