Tag Archives: YouTube

New Legal Battle for Google in Germany

20 Apr

Credit: Google, Inc.

Google just can’t seem to catch a break these days.  A court in Hamburg, Germany ordered Google to install filters on the YouTube service in Germany to prevent copyright infringement of the rights of musicians, filmmakers, and others in the entertainment industry.  While Google was not direclty responsible for uploading infringing material, the judge in Hamburg found the company should have done more to stop the violations.

In a statement by the company, it said:  “Today’s ruling confirms that YouTube is a hosting platform and cannot be obliged to control all videos uploaded to the site.  The ruling is a partial success for the music industry in general, for our users as well as artists, composers, YouTube and other Web platforms in Germany.”

An appeal is expected by Google.

To view the full article from The New York Times, follow this link.

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Viacom Battle with YouTube Continues

6 Apr

Credit: Viacom/YouTube

In 2007, Viacom sued YouTube for $1 billion alleging the site allowed users to post copyrighted Viacom content without permission between 2005 and 2008, including content from Comedy Central’s “The Daily Show” and “The Colbert Report.”  In 2010 a District Court judge granted summary judgment to YouTube and ruled YouTube was protected from the infringement claims under a “safe harbor” provision of the Digital Millennium Copyright Act.  The District Court judge ruled YouTube was protected under the safe harbors of the DMCA because there was not enough notice of the individual infringements.  Recently the U.S. Second Circuit Court of Appeals remanded the case to the district court.  The courts opinion stated:

“We conclude that the District Court correctly held that the 512(c) safe harbor requires knowledge or awareness of specific infringing activity, but we vacate the order granting summary judgment because a reasonable jury could find that YouTube had actual knowledge or awareness of specific infringing activity on its website.”

This remand gives Viacom a second chance to prove the copyright infringement claims against YouTube.  It continues the ongoing battle between entertainment companies and Web entrepreneurs over ‘user-generated content’ sites.

The full article from the Los Angeles Times can be found at this link.  An additional article from Fox News can be found at this link.

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