Corporations cannot commit treason, nor be outlawed, nor excommunicated, for they have no souls - Sir Edward Coke
INTERNET GIANT Google's video business Youtube has seen off another attempt by Viacom to wrest money from it for alleged copyright infringement.
Viacom and Youtube have been battling this out in court for six years. In 2007 Viacom said that over 160,000 video clips of content it owned had been made available on Youtube and that Youtube ought to pay royalties like everyone else.
Youtube denied Viacom's allegations, saying that it respects the rights of content owners and complies with takedown requests when it gets them.
Six years later another court has agreed with Youtube, saying that it could only be held liable for material that it knew existed.
According to the Hollywood Reporter US District Court Judge Louis Stanton said again that Youtube operates well within the rules of the Digital Millennium Copyright Act and therefore is protected by safe harbour.
"The burden of showing that Youtube knew or was aware of the specific infringements of the works in suit cannot be shifted to Youtube to disprove," he wrote, adding that Youtube could not be expected to view every clip on its website.
Viacom, which is seeking to protect shows and channels including MTV, Comedy Central and The Daily Show with Jon Stewart, isn't happy of course.
"This ruling ignores the opinions of the higher courts and completely disregards the rights of creative artists," Viacom said in a statement.
"We continue to believe that a jury should weigh the facts of this case and the overwhelming evidence that YouTube willfully infringed on our rights, and we intend to appeal the decision."
According to Google this is a win for the internet as a whole. In a blog post Google SVP and general counsel Kent Walker said that billions of people will benefit from the decision.
"Today is an important day for the Internet. For the second time, a federal court correctly rejected Viacom's lawsuit against Youtube. This is a win not just for Youtube, but for the billions of people worldwide who depend on the web to freely exchange ideas and information," he said.
"In enacting the Digital Millennium Copyright Act, Congress effectively balanced the public interest in free expression with the rights of copyright holders. The court today reaffirmed an established judicial consensus that the DMCA protects web platforms like Youtube that work with rightsholders and take appropriate steps to remove user-generated content that rightsholders notify them is infringing." µ
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