by Traverse Legal, reviewed by Enrico Schaefer - April 6, 2012 - c. Copyright Infringement On The Internet
The United States Court of Appeals for the 2nd circuit recently overturned a district court decision in Viacom International Inc. et al v. YouTube Inc et al, No. 10-3270, and a companion case of The Football Association Premier League Ltd et al v. YouTube Inc, No. 10-3342. While the Digital Millennium Copyright Act (DMCA) typically provides a safe harbor from copyright infringement liability for websites which post third party content such as YouTube, the 2nd circuit found that there was a potential jury issue as to whether or not YouTube fell outside the safe harbor provisions of the Digital Millennium Copyright Act. Instances where a website host or owner loses its DMCA immunity include:
You can read more about the lawsuit here and the court’s full ruling is embedded below.
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.