Slashdot Mirror
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'."
"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.
My work here is dung.
I KNEW the lifeblood of the internet was pr0n!
From what I read in the summary, I assume this means free porn for all? Right???
---
Programming is like sex... Make one mistake and support it the rest of your life.
One thing I never understood, why is prostitution (paying someone to have sex with you) illegal but making pornography (paying someone to have sex with you or another person in front of a camera) is legal? Would a John be able to beat a pandering rap by waving a camera and saying he was planning on filming the act and putting it on the internet? I like Carlin's thinking on the matter. "Selling's legal, fucking's legal, why isn't selling fucking legal?" Only in Vegas.
Kwisatz Haderach
Sell the spice to CHOAM
This Mahdi took Shaddam's Throne
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!
The DMCA take down provision doesn't get enough credit on /.
While I'm no fan of the DMCA on the whole, I actually like the takedown provisions. They provide valuable protection for ISPs.
My only problem with the provision is that in practice, it has been widely abused. The law itself provides a remedy against abuse. Those abusing the law can be charged with perjury. Unfortunately, no one has ever been charged with perjury for false take down notices, so the abuse continues. It would only take a few perjury charges a year to keep everyone honest...
If you had super powers, would you use them for good, or for awesome?
You mean there is actually one judge in the entire judicial system who knows where the "any" key is?
Beer is proof that God loves us and wants us to be happy.
Before that people went outside and got girlfriends.
One would think that this builds up Google's defense against Viacom. I hope Google doesn't back down or cut a deal with Viacom. This case is proof they are in the right.
I agree. YouTube is clearly entitled to the "safe harbor" afforded by the DMCA, and the Viacom case should be thrown out. The mere pendency of such cases partially defeats the purpose of the DMCA, since it costs time and money to defend this nonsense.
The best thing about Io v. Veoh is that it dismisses the case on summary judgment, avoiding the necessity for a trial. Hopefully the Courts will start dismissing these types of cases even earlier, at their very outset.
Ray Beckerman +5 Insightful
There was a recent Slashdot article where a judge ruled that the sender of the takedown notice must consider fair use rights. I think that will minimize the number of frivolous cases where someone just wants to suppress free speech.
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'm sorry, but which DMCA is he reading? Because the last time I read the DMCA, it was written to do the complete opposite.
~ Mooga
...porn leads the way in internet progress!
The "Safe Harbor" provisions of the DMCA only protect unmoderated public machines. If you were to give your users the ability to place whatever music files they wished on your computer, then you are protected.
You putting files on your computer and sharing them will not allow you to take advantage of the "Safe Harbor" provisions.
SirWired
And then traded photographs of them.
upon the advice of my lawyer, i have no sig at this time
I guess we can assume that the flamebait modding is effectively someone else playing a joke on you :/
That's a great idea! Use mods to be funny! But, how can we mod a mod?
> My only problem with the provision is that in practice, it has been widely abused.
Takedown notices could and would be sent in the absence of the DMCA.
> The law itself provides a remedy against abuse.
Which would not exist without the law.
Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.