2010 YouTube Abridged

2010 YouTube Abridged - VIACOM INTERNATIONAL INC v YOUTUBE...

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1 VIACOM INTERNATIONAL INC v. YOUTUBE, INC. 2010 U.S. Dist. LEXIS 62829 (S.D.N.Y. 2010) Defendants move for summary judgment that they are entitled to the Digital Millennium Copy- right Act's ("DMCA"), 17 U.S.C. §512(c), "safe harbor" protection against all of plaintiffs' direct and secondary infringement claims, including claims for "inducement" contributory liability, be- cause they had insufficient notice, under the DMCA, of the particular infringements in suit. Plaintiffs cross-move for partial summary judgment that defendants are not [*9] protected by the statutory "safe harbor" provision, but "are liable for the intentional infringement of thousands of Viacom's copyrighted works, . . . for the vicarious infringement of those works, and for the direct infringement of those works . . . because: (1) Defendants had 'actual knowledge' and were 'aware of facts and circumstances from which infringing activity [was] apparent,' but failed to 'act[] expedi- tiously' to stop it; (2) Defendants 'receive[d] a financial benefit directly attributable to the infringing activity' and 'had the right and ability to control such activity;' and (3) Defendants' infringement does not result solely from providing 'storage at the direction of a user' or any other Internet func- tion specified in section 512." Resolution of the key legal issue presented on the parties' cross-motions requires examination of the DMCA's "safe harbor" provisions, 17 U.S.C. §512(c), (m) and (n) which state: (c) Information residing on systems or networks at direction of users .-- (1) In general .--A service provider shall not be liable for monetary relief, or, ex- cept as provided in subsection (j), for injunctive or other equitable relief, [*10] for in- fringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service pro- vider, if the service provider-- (A)(i) does not have actual knowledge that the material or an activity us- ing the material on the system or network is infringing; (ii) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or (iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material; (B) does not receive a financial benefit directly attributable to the in- fringing activity, in a case in which the service provider has the right and ability to control such activity; and (C) upon notification of claimed infringement as described in para- graph (3), responds expeditiously to remove, or disable access to, the mate- rial that is claimed to be infringing or to be the subject of infringing activ- ity.
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2 (2) Designated agent .--The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to re- ceive notifications of claimed infringement [*11] described in paragraph (3), by mak-
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2010 YouTube Abridged - VIACOM INTERNATIONAL INC v YOUTUBE...

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