Google and Viacom Battle Continues...Good News for the Rest of Us!

Viacom Friday filed an appeal in its copyright case against YouTube (now owned by Google) in which a June opinion from the Southern District of New York held that YouTube was not liable for widespread infringement due to users' copious uploads of copyrighted material, including movies, music videos, etc. owned by Viacom properties. The continuation of this suit is great news for the Internet-going public and website operators as it will further clarify the safe harbor provisions of the Digital Millennium Copyright Act with respect to Web 2.0 content.

Section 512 of the DMCA - a frequent topic on this blog - provides a bar to the liability of "online service providers" for the acts of infringement of its users. This bar, or "safe harbor," requires, among other things, that the OSP act as a mere conduit of information (i.e. don't change or filter the content), provide processes for notification of alleged copyright infringement and promptly comply with its policies by removing or disabling access to the allegedly infringing content.

Any YouTube user who hasn't been living under a digital rock has run across the not-uncommon "This video is no longer available due to a copyright claim by XYZ Inc." notification. Clearly YouTube is responding to DMCA takedown notices from copyright holders. Is this enough? If YouTube knows that users are uploading in mass quantities copyrighted content of third parties, is YouTube required to filter content at the upload stage or otherwise do more to stop this activity? The further judicial review of the Viacom case will solidify the checklist of responsibilities for website owners displaying any third party content. The case will certainly continue to be costly for the media giants involved, but the clarity that may result from it for the rest of us will be the true benefit...and likely worth every penny to all involved. (The losing side when this case is done may not share my opinion.)