Judge Louis “Lightning” Stanton Quick on the Draw
Rules in Favor of YouTube in Viacom Suit

Today Judge Louis Stanton granted YouTube’s motion for summary judgment in the Viacom v. YouTube litigation – an incredibly quick decision in almost any case, but especially here, where the parties filed tremendously dense briefs and supporting declarations with hundreds of pages of exhibits.  Viacom v. YouTube, No. 07-2103 (S.D.N.Y. filed June 23, 2010).  The opinion is hot off the presses and I have not yet read it in its entirety, but in a significant holding, it analyzes the Section 512 safe harbor for ISPs and corresponding legislative history, concluding that “the phrases ‘actual knowledge that the material or an activity’ is infringing, and ‘facts or circumstances’ indicating infringing activity, describe knowledge of specific and identifiable infringements of particular individual items.  Mere knowledge of prevalence of such activity in general is not enough.” 

There is more – I will post further thoughts once I’ve had a chance to digest the entire opinion.  Hat tip to my colleague, Raffi Zerounian, for spotting this and bringing it to my immediate attention.

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