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Case Against Video-Sharing Site Dismissed
NewYorkCountryLawyer writes "A California copyright infringement case brought by an adult video maker against a video sharing web site, Veoh Networks, has been thrown out, based upon the 'safe harbor' provision of the Digital Millennium Copyright Act ('DMCA'). In a 33-page decision (PDF), the Court concluded that Veoh was covered by the DMCA, and had carried out its duties to comply with takedown notices in a reasonable manner. The Court rejected the plaintiff's arguments showing possible ways that users could do an end-around, saying that the law requires 'reasonable' compliance, rather than perfection, and noted that the DMCA is 'designed to facilitate the robust development and world-wide expansion of electronic commerce, communications, research, development, and education in the digital age'."
I am sorry to be so cynical as to suggest that if the claim had been brought by the MPAA, the result would have been different.
The DMCA should be repealed and replaced with a law that compels people to make illegal copies of copyrighted material. This way, if you obey this law, you'll be infringing on copyright. If you don't obey this law, you'll be breaking the law. Then, the government can selectively enforce one, the other, or neither, depending on who is friends with whom and deliberately messing with those who look at a government official or copyright holder the wrong way. Mutually contradictory laws are the only way to go in the new millenium, especially as our physicists learn the ins and outs of M-theory.
McCain/Palin '08. Now THAT's hope and change!
I read this in Wired and found this quote from YouTube:
"It is great to see the Court confirm that the DMCA protects services like YouTube that follow the law and respect copyrights," YouTube Chief Counsel Zahavah Levine said in a statement. "YouTube has gone above and beyond the law to protect content owners while empowering people to communicate and share their experiences online."
And this quote from Viacom:
"Even if the Veoh decision were to be considered by other courts, that case does nothing to change the fact that YouTube is a business built on infringement that has failed to take reasonable measures to respect the rights of creators and content owners. Google and YouTube have engaged in massive copyright infringement â" conduct that is not protected by any law, including the DMCA."
Probably not far from what one would expect either to say but I'm afraid this isn't going to do much for YouTube.
eldavojohn, with all due respect..... do you seriously think that just because they put out conflicting press releases that somehow nullifies the power of this decision as a judicial precedent? Do you really think the judge in Viacom v. Youtube cares about the press releases?
If so, I beg to differ. Not all the press releases in the world can deflect the clear and faultless reasoning exhibited by Judge Lloyd. We are having a sudden outbreak of sanity and respect for the plain meaning of statutes. This is so important. It is another nail in the coffin of the MPAA's frivolous suit against YouTube.
IMHO.
Ray Beckerman +5 Insightful
eldavojohn, with all due respect..... do you seriously think that just because they put out conflicting press releases that somehow nullifies the power of this decision as a judicial precedent?
Ray Beckerman, with all due respect, that is not at all how I see it. I have just resigned myself to the fact that a court case with a billion dollars at stake will not be lost because a California judge knocked down an infringement case about ten pornographic videos that were immediately taken down anyhow. Lawyers do not say goodbye to a billion that easily!
You are the lawyer however! It would bring me great joy to hear otherwise but I would expect Viacom's lawyers to play the same card they played in their press release--attempting to convince the judge that there are too many differences between these cases to consider Io Vs Veoh to be precedence.
It is another nail in the coffin of the MPAA's frivolous suit against YouTube.
The MPAA has a suit against YouTube? What is it? All I know of is Viacom's suit and, though a member, they are not every single Movie Picture Association of America Member.
Also, I think the 'nail in the coffin' phrase is being used to soon here. The cases I've been following seem to point to the entire US Justice System being in **AA's pet attack dog in witch trials. While there's been a few cases of common sense, the vast majority of cases are being settled out of court because the judge is a corporate pawn and insolent technology-wise.
My work here is dung.