New York judge Louis Stanton has granted Google’s motion for summary judgment in Viacom’s lawsuit with YouTube. He determined that YouTube is protected by the safe harbor of the Digital Millennium Copyright Act (DMCA) against claims of copyright infringement.
Google described the decision as ‘an important victory not just for us, but also for the billions of people around the world who use the web to communicate and share experiences with each other. We’re excited about this decision and look forward to renewing our focus on supporting the incredible variety of ideas and expression that billions of people post and watch on YouTube every day around the world.’
Judge Stanton’s decision also applies to other parties to the lawsuit, including the Premier League. It is clear from the judgment that Judge Stanton considers that the notice and take down procedure works well and that ‘mere knowledge of prevalence of such activity in general is not enough. The provider need not monitor or seek out facts indicating such activity’.
It is reported that Viacom at least, and maybe others, will appeal.
The best link for a (rather poor quality) copy of the judgment available to date is here
