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.
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?
Before that people went outside and got girlfriends.
And then traded photographs of them.
upon the advice of my lawyer, i have no sig at this time