As has been expected since, well, the moment the verdict was handed down, Viacom has appealed against the district court’s summary judgment that YouTube basically didn’t have a case to answer. Yawn.
YouTube Vs Viacom
YouTube Vs. Viacom dates back all the way to 2005 when the latter questioned the former over a copyrighted clip that had appeared on the former. The arguments continued for a couple of years before Google acquired YouTube, and Viacom seized its chance to sue for a lot of money.
The case took three years to actually come to court, and when it did so earlier this year, YouTube was victorious. The judge essentially ceded to the safe harbor provision of the DMCA (Digital Millennium Copyright Act), stating that YouTube is protected by that 100 percent.
Viacom obviously disagreed, and the wheels of an appeal were soon set in motion.
Appeal Launched
That appeal was launched on Friday, and Viacom is determined to keep plugging away with the same argument as before. The company is once again alleging that YouTube embraced the posting of copyrighted material in order to help its traffic grow.
Furthermore, Viacom is arguing that the decision to accept the DMCA in this case is flawed, and if the district court’s judgment is upheld, it “would immunize from copyright infringement liability even avowedly piratical Internet businesses.” Which obviously refers to torrent sites and live streaming sites that don’t always stick to the rules.
Conclusions
The problem for Viacom is that YouTube is no longer that kind of site, if ever it was. Had Google not cleaned YouTube up in the way it has thanks to the Content ID system then Viacom would have a point, but the horse has surely bolted, and seeking $1 billion in damages at this point seems way off target.
I cannot see Viacom getting a different result this time, and I hope that is how it turns out. If the safe harbor provision of the DMCA is deemed inadmissible in this case then it could set a dangerous precedent. Which is, I suspect, what Viacom is angling for.
Related Ad
Buy ‘DMCA’ on Amazon to learn about the issues involved.
