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Submission + - YouTube wins again 3

NewYorkCountryLawyer writes: Once again YouTube has defeated Viacom and other members of the content cartel; once again the Court has held that the Digital Millennium Copyright Act actually does mean what it says. YouTube had won the case earlier, at the district court level, but the US Court of Appeals for the Second Circuit, although ruling in YouTube's favor on all of the general principles at stake, felt that there were several factual issues involving some of the videos and remanded to the lower court for a cleanup of those loose ends. Now, the lower court — Judge Louis L. Stanton to be exact — has resolved all of the remaining issues in YouTube's favor, in a 24-page opinion. Among other things Judge Stanton concluded that YouTube had not had knowledge or awareness of any specific infringement, been 'willfully blind' to any specific infringement, induced its users to commit copyright infringement, interacted with its users to a point where it might be said to have participated in their infringements, or manually selected or delivered videos to its syndication partners. Nevertheless, 5 will get you 10 that the content maximalists will appeal once again.
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YouTube wins again

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  • Oops, I forgot to put "(PDF)" after the link to the Judge's 24 page decision, which is indeed a PDF file. I always like to give that heads-up, but forgot to this time.
  • I'm not familiar with the US court system... can someone please explain?

    It would seem to me that there should be only a very small number of 'retries' the plaitiff gets, however it appears that for a rich corp, winning is really just a case of keeping up a potentially infinite spamming attack of retrials until either you get lucky with a judge that sees things the way you do, or the defence gives up because of their own mounting legal expenses.

    Is the US court system really as insane as that?

  • Thanks for the good story.

Thus spake the master programmer: "When a program is being tested, it is too late to make design changes." -- Geoffrey James, "The Tao of Programming"