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ExtraTorrent.cc > Articles > Viacom Continues Suing Google

Viacom Continues Suing Google

Viacom Continues Suing Google

Added: Friday, October 28th, 2011
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
Viacom has appealed to the US Court of Appeals, trying to overrule the decision taken by the court back in 2010, saying that Google isn’t responsible for copyright violation of Viacom’s material uploaded on YouTube.

Last week, Viacom’s lawyer claimed that the earlier court was a mistake, because it declared the streaming service eligible for the safe harbor provisions of the DMCA, which was not correct. 13 years ago, upon the completion of the DMCA, Internet service providers got an immunity provision for ISPs following specific guidelines. This included the removal of violating material when rights owners were sending warnings. The defense of the search engine was built on this basis, and the court finally agreed on it.

In respond, Viacom argued that Google wasn’t eligible for safe harbor, pointing at a couple of facts able to sustain its claims. Viacom claimed that the DMCA didn’t just require broadband providers to act when warned about copyright violation, but also to take a stand when being notified of any facts or circumstances implying apparent violating activity.

The DMCA also excludes from safe harbor organizations receiving a financial benefit that is connected with the violating activity, and that’s exactly what YouTube’s infringing advertisements were. The company’s lawyer Paul Smith reminded the court about these facts last week. Viacom insisted that publishing copyrighted content was the very source of success for streaming service, and that such online giant could do more about censoring infringing sites and material.

In respond, the counselor of the search giant opposed the accusations by arguing that the legislation didn’t force streaming service to introduce the most high-tech censoring technologies. Moreover, Google couldn’t do any more about censoring, because it is actually an impossible task. This claim was supported by the example of Viacom’s staff that uploaded Viacom material themselves and then experiencing difficulties with working out which content was legitimate and which wasn’t.

Meanwhile, it seems that Viacom’s attempts to put the streaming service to the wall might be in vain. The experts pointed out that there were a number of cases dating back in 2009, like Veoh and MP3tunes, where the judges granted safe harbor to the services offering media content, based on the DMCA.

October 28th,2011

Posted by: 

Date:  Friday, October 28th, 2011

Comments (4) (please add your comment »)

posted by ET lovermen (2011-10-28 10:14:51)
keith23uk avatarViacom are pains.... enough said!!

posted by (2011-10-28 13:51:59)
Trugger avatarGood! I hope more courts start siding against the money grubbing leeches. I have nothing against corporate profits. It's the blood sucking lawyers who are profiting from keeping DMCA RIAA and all the others in attack mode.

posted by Blocked (2011-10-28 20:08:54)
No avatarGiven that Viacom posted material on many occasions on YouTube, and wish to SELECTIVELY decide which to block, and which to permit, regardless of copyright, I hope Viacom's appeal is thrown out right where it deserves to be - in rat-infested waters! Rats and sharks don't come much bigger than Viacom!

posted by ET junkieET loverTurtle (2011-10-29 09:11:36)
fusseltier avataryeah trugger, and people that solicit "donations" for material that has copyrights.

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