Posts Tagged ‘Google’

Wintersteiger(sm)

Jurisdiction in Keyword Advertising Disputes After Wintersteiger

Keyword advertising raises interesting questions beyond the run-of-the-mill trademark infringement and unfair competition issues typically discussed. For instance, if a sponsored ad can be clicked in three separate countries, can the Courts of each of those countries take jurisdiction to hear and determine a dispute? The Court of Justice of the European Union has given [...]

Red Flag

Appeals Court Sides With Viacom, Dismisses YouTube Summary Judgment Claim

The Second Circuit Court of Appeals has just delivered its Opinion in Viacom v. YouTube, and it has held, unanimously, that YouTube is not entitled to summary judgment on Viacom’s $1bn copyright claim.  The decision reverses the Southern District of New York’s finding that YouTube didn’t need to go to trial to determine whether it was [...]

New Year fireworks

Happy New Year!

A quick note to mark the passing of 2011 and the start of 2012. Thank you all for reading and commenting here (and on Twitter) on the stories that have been reported on these pages. I’m looking forward to posting much more in 2012. There has been plenty to contemplate in the last 12 months [...]

Red Flag

Viacom Counters YouTube’s “1-in-a-billion” Red Flag and “Unlimited Storage” Arguments

YouTube does not cite the relevant DMCA language in its latest series of arguments because it has no answer to it, according to the reply letter brief filed yesterday in the Second Circuit by Viacom and The Football Association (et al.).   In October, the parties in Viacom’s $1bn copyright lawsuit against YouTube for historic [...]

Viacom’s Reply to YouTube DMCA Additional Arguments Is In

Fresh off Justia this morning is Viacom and The Premier League’s reply to YouTube’s court-ordered letter brief, as covered here.  A copy of the filing in the Second Circuit is below and is well worth a read.  Comments will follow later today. Viacom v. YouTube – Pls.’ Post Argument Brief (10-3270)

Viacom v. YouTube – YouTube’s Post Argument Brief on “Storage” and “Red Flag Knowledge”

Here’s YouTube’s post-argument brief on the extent of the “storage” exemption from liability under the DMCA, and clarification of how their assessment of  knowledge under the statute can operate in a “red flag” regime.  Comments will follow in due course, but an initial review suggests a slight rowing back from the position adopted at the [...]

blawg-NYC-Midtownsm

UPDATED: Viacom v. YouTube: Second Circuit Asks YouTube To Clarify Its Position On Storage and Red Flags

This is pretty big breaking news from New York.  After last week’s oral argument in Viacom v. YouTube (2d. Cir. 10-3270), the Second Circuit has reportedly asked YouTube two questions regardings its affirmative defense under 17 U.S.C. § 512(c)(1) (the DMCA) to Viacom’s copyright infringement claims. According to Twitter GC @amac, from whom I got [...]

blawg-NYC-Midtownsm

Viacom v. YouTube Appeal: “Endless whack-a-mole”, “just plain crazy” and “red herrings”

The DMCA should allow businesses to ignore their own conclusions about the extent of copyright infringement on their systems until a copyright owner notifies it of individual, specifically identifiable materials on the site, according to YouTube at today’s summary judgment oral arguments at the Second Circuit in Viacom v. YouTube. In other words, service providers [...]

Now We Know Who Will Hear Viacom v. YouTube Appeal in Second Circuit

Have you been wondering who is going to decide Viacom’s Appeal against Judge Louis Stanton’s summary judgment opinion in their $1bn lawsuit against YouTube?  Me too; and now we know. The Second Circuit has this morning updated its calendar for next week and informs us that the Panel hearing the appeal at the Federal Courthouse [...]

BREAKING – Second Circuit Court of Appeals Sets Date For Viacom vs. YouTube Appeal

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 [...]