Viacom Back in Business: Second Circuit Restores Suit Against YouTube

Seal of the United States Court of Appeals for the Second Circuit. (Photo credit: Wikipedia)In Viacom International, Inc. et al. v. YouTube, Inc. et al. (Case No. 10-3270-cv), the United States Court of Appeals for the Second Circuit yesterday reversed the trial court's dismissal of the plaintiffs' copyright infringement suit against YouTube.

The trial court in 2010 rejected the plaintiffs' claim that YouTube infringed on their copyrights by allowing users to upload unauthorized clips from Comedy Central's The Daily Show with Jon Stewart, citing the Safe Harbor provision, Title II of The Digital Millenium Copyright Act of 1998, which shields Internet Services Providers from liability provided they promptly block access to infringing material when they receive notice of the infringement from the copyright holder.

The appellate court, however, found "a reasonable jury could conclude that YouTube had knowledge or awareness" of the infringement regarding "a handful of specific clips." The Second Circuit ordered the lower court to determine whether YouTube turned a blind eye to the actions of its users.

Viacom Appeals YouTube Copyright Ruling

Image via WikipediaViacom International Inc., a Delaware corporation and the fourth-largest media conglomerate on the planet, has filed an appeal in the U.S. Circuit Court of Appeals for the Second Circuit of U.S. District Court for the Southern District of New York Judge Louis Stanton's adverse ruling in the copyright infringement case against Mountain View, Calif.-based Google Inc.'s YouTube, Inc. video-sharing Website, according to Bloomberg News.

In Viacom Intl. Inc. v. YouTube Inc. (Case No. 07-02103), Judge Stanton ruled the defendant was shielded by the safe harbor provision of the Digital Millenium Copyright Act ("DMCA") [H.R. 2281] against the plaintiff's copyright infringement claim. Viacom sought $1 billion in damages for YouTube's purported unauthorized use of clips from Viacom's stable of programs, including South Park and The Daily Show With Jon Stewart. The DMCA safe harbor provision protects a service provider if it removes infringing material when alerted by the copyright owner.

Viacom owns MTV Networks and Paramount Pictures.