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BREAKING NEWS – The Court of Appeals for the Second Circuit has just published its calendar for the week beginning October 17, 2011 and it contains what many of us have been waiting a long time to see – Viacom’s appeal against Judge Louis Stanton’s finding that YouTube is a beneficiary of the DMCA’s safe harbors and is not liable to Viacom for third party’s (historic) infringements.

The appeal is set for the morning of Tuesday, October 18, 2011.  The Panel has not yet been announced, so watch this space.  I wonder if Judge Chin, who last year moved up to the Court of Appeals and counts Bernie Madoff and the Google Books Settlement among his previous victims cases, will sit for this one.

Viacom has been allotted 12 minutes, with YouTube given the same time to respond (case 10-3270-cv).  The joined case brought against YouTube by the Football Association (case 10-3342-cv), follows immediately afterwards, with both sides again having been allotted 12 mins each.