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SECOND CIRCUIT REVIVES VIACOM’S MASSIVE INFRINGEMENT CASE AGAINST YOUTUBE

The Second Circuit recently breathed new life into a copyright infringement lawsuit brought by Viacom and other owners of video content against YouTube that alleges over 70,000 instances of copyright infringement that occurred on YouTube.

BACKGROUND

In 2010, the District Court for the Southern District of New York granted summary judgment in YouTube’s favor, finding that it was immune from the plaintiffs’ claims of copyright infringement as YouTube was eligible for the “safe harbor” protections against copyright infringement available under the Digital Millennium Copyright Act (DMCA) for qualified service providers. The main issue on appeal was whether YouTube could be deprived of the safe harbor protections available under the DMCA if it was generally aware of prevalent infringement on its site, or whether, instead, it would only be deprived of such protections if it had actual knowledge or was generally aware of specific infringing activity. More…