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13 Nov, 2007 9:05 pm
... upload and share video clips . . . across the Internet."2 In November, 2006, YouTube was purchased by Google in a $1.65 billion stock-for-stock deal.3 Now, ... rod for
litigation. The frenzy of lawsuits has left many confused about who has sued YouTube for what, and about what lawsuits remain relevant. This post is intended to provide a basic
overview of the litigation ... 2007), available at [docs.justia.com]. 14 New Jersey Turnpike Authority v. YouTube, Inc., No. 2:2007cv02414 (D.N.J. May 22, 2007). ...
26 Mar 7:39 pm
... prevail in its case against Viacom. However, this does not mean that sailing will be smooth for YouTube. First, the DMCA safe harbors provide only limited protection from
liability for infringement: ... , but later removed for any reason. See Viacom Int'l., Inc. v. YouTube, Inc., 253 F.R.D. 256, 260 (S.D. ... data. In addition to
this, to prove their affirmative DMCA defenses, it would also be expected that YouTube and Google would be required to process data relating to potentially millions of video ...
7 Dec, 2007 8:10 am
... even suspects of infringement. However, to do so would be to ruin what has made YouTube great for the online community: the democratization29 of creative expression by
creating a repository for content that anyone ... factor that a court considers" in deciding this sort of infringement action.43 Because of Google/YouTube's size and market
presence, its decision to create YVI could likely ... c)(1) (2006). 39 See Complaint at 3, Viacom International, Inc. v. YouTube, Inc., No. 07CV2103 (S.D.N.Y. March
13 ...
14 May, 2008 4:26 am
/**/ Bowen v. YouTube, Inc., No. 08-5050, 2008 WL 1757578 (W.D.Wash. April 15, 2008) Plaintiff Bowen, a registered YouTube user, ... property rights. (The opinion
is not clear about exactly what Bowen's claims were.) YouTube moved to dismiss the complaint for, among other things, improper venue, invoking a provision of ... be deemed a
passive website that does not give rise to personal jurisdiction over YouTube, either specific or general, in jurisdictions other than California. These Terms of Service ...
6 Dec, 2007 10:43 pm
... has dragged its feet in implementing this technology claiming technical problems10 (it's worth noting that YouTube has had no problem in developing a process that keeps
pornographic videos from being uploaded) ... an infringement action. The Copyright Office could then allow third parties like YouTube to use their filtration systems to match up
posted content on the website with registered ... :05 EST). 6 See Complaint at 2-3, Viacom International, Inc. v. YouTube, Inc., No. 07CV2103 (S.D.N.Y. March 13,
...
20 Apr, 2008 8:31 am
... District Court for the Western District of Washington dismissed a lawsuit filed by a YouTube user in the wrong venue. In Bowen v. YouTube, Inc., 2008 WL 1757578
(W.D. Wash. 2008 ... YouTube's Terms of Use which require that all suits arising from YouTube's website be brought in San Mateo County, California. In support of the
ruling, the Court noted that [while] ... , which accordingly become binding on the offeree. Id. at *2 (quoting Register.com, Inc. v. Verio, Inc., 356 F.3d 393, 403 (2d
Cir. 2004). ...
23 Mar, 2007 6:00 am
... a lawsuit against YouTube, Inc. and Google, Inc. for direct and secondary copyright infringement in connection with the YouTube online video site. Viacom
International, Inc. v. YouTube, Inc., No. 1:2007cv02103 (S.D.N.Y. Mar. 13, 2007). The complaint alleges that the video service is responsible for copyright
infringement "on a massive scale" and that its "brazen disregard of the intellectual property laws fundamentally threatens ...
28 Aug, 2007 8:51 am
... would buy YouTube." - Mark Cuban Internet and media darling, YouTube, Inc. ("YouTube"), has received a copyright wakeup call of sorts when United States
Federal District Judge Florence-Marie Cooper of the Central ... in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing
or to be the subject of infringing activity. YouTube has long alleged that it does not "directly" receive financial benefit from the videos posted on its website. ...
2 Nov, 2006 11:04 am
... Tube Co. v. Sawyer. There's a new "Tube" case on the block. YouTube is being sued -- but not by a company asserting a copyright claim. From the AP: A company that shut ...
lawsuit, filed this week in U.S. District Court, asks that YouTube Inc. stop using the youtube.com or pay Universal Tube's cost for creating a new domain ...
damages. So Universal Tube, seller of used tube-making machines, expects YouTube, about to be acquired by Google for $1.65 billion, to relinquish one of the most well-trafficked
...
12 Jun, 2007 10:59 am
By Eric Goldman Universal Tube & Rollform Equipment Corp. v. YouTube, Inc., 2007 WL 1655507 (N.D. Ohio June 4, 2007) Boy, ... case got a lot of attention when it was
first filed (which isn't surprising; YouTube lawsuits usually do). You may remember the story: the plaintiff is a dealer of used ... preventing the plaintiff's real customers
from conducting business with the plaintiff. The plaintiff sued YouTube for trademark infringement, trespass to chattels and related claims. Last week, the court ...
26 Jun, 2007 3:52 pm
... also has the right and ability to control the infringing activity. So if YouTube did not have the right and ability to control the alleged infringing activity ... interesting
issues in discovery. "There is clearly a significant amount of maintenance and management that YouTube exerts over its website, but the nature and extent of that management is
unclear." The court ... time a user submits a video clip to the point of display on the YouTube website." Tur v. YouTube, Inc., No. 06-4436, (C.D.Cal. June 20 ...
20 Jul, 2008 3:49 pm
Video-sharing Web site YouTube agreed July 14 to substitute non-identifying values for information intended for release to Viacom International Inc., such as how many
times each video has been viewed and the user name and Internet Protocol address of every ... to Judge Louis L. Stanton of the U.S. District Court for the Southern District of New York
(Viacom International Inc. v. YouTube Inc., S.D.N.Y., No. 07-cv-2103, stipulation agreed to by parties 7/14/ ...
13 Mar, 2007 11:54 am
By Eric Goldman Viacom International, Inc. v. YouTube, Inc. (SDNY complaint filed March 13, 2007). Complaint available here. After public saber-rattling by Viacom
and significant negotiations between the parties, Viacom finally pulled the trigger and sued YouTube for copyright infringement. Two quick points about this lawsuit: 1) I would
be very surprised if this lawsuit reached a final judgment on its merits. Instead, I ...
20 Aug, 2007 8:04 am
... damages, and the class action matter The Football Association Premier League Limited, et al. v. YouTube, Inc., et al.. Both cases are currently pending in the U.S.
District Court for the Southern ... infringement…responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing
activity. Thus, YouTube and Google claim that, though they are working on technological countermeasures to filter copyrighted material, the YouTube.com ...
8 Jul 8:51 am
By Eric Goldman The Football Association Premier League Ltd. v. YouTube, Inc., 07 Civ. 3592 (S.D.N.Y. July 3, 2009) This is a ruling about potential damages in one of the
copyright infringement lawsuits against YouTube. It's a pretty technical ruling interpreting some arcane aspects of copyright law, ... . The ruling cites a declaration by
plaintiffs that there are at least 340 such works. While YouTube would have preferred to knock out statutory damages for all unregistered foreign works, I ...
12 Mar, 2008 11:37 am
A federal district judge in New York has denied Viacom's effort to seek punitive damages against Google, holding that common law punitive damages can't be recovered under the Copyright
Act. Last March, Viacom sued online video-sharing site YouTube Inc. and its parent company, Google Inc., saying the companies infringed on Viacom's copyrights
because almost 160,000 unauthorized video clips were available for viewing on YouTube. Click here for a copy of the district court's ruling.
25 Jul, 2006 10:15 pm
... the software to exchange copyrighted materials, if the technology was mostly used to facilitate infringement. Now, a news reporter is alleging that YouTube Inc., the
popular on-line video file sharing site, infringed its copyrighted video of truck driver Reginald Denny being ... did not use the DMCA's "notice and takedown" procedure before filing
the lawsuit, and instead argues that YouTube is not an Internet Service Provider entitled to such a safe harbor under the DMCA. User-driven content is a ...
7 May, 2007 2:21 pm
By Eric Goldman The Football Association Premier League Ltd v. YouTube, Inc., 1:07-cv-03582-UA (SDNY complaint filed May 4, 2007) Hot on the heels of Viacom's lawsuit
against YouTube, two new plaintiffs are leading a separate lawsuit against YouTube for copyright infringement. This time, they are seeking class-action status, putatively
bringing along a lot of long tail content producers for the ride. This lawsuit appears to be a frontal assault on the 512(c) safe ...
26 May 7:15 am
Candidus Dougherty, Rutgers School of Law, Camden, has published Viacom International, Inc., et al v. YouTube, Inc., et al. in volume 8 of E-Commerce Law Reports
(March 2009). Here is the abstract. On March 13, 2007, Viacom International, Inc. and...
16 Jul, 2008 5:40 pm
Hey there, avid Novalawcity readers! Y'all might recall my recent post about the ongoing battle over privacy rights in International, Inc. et al v. Youtube, Inc. et
al. Well, some good news has emerged from the fray. They're ba-aack. Privacy rights, that is. Read the Wired news article here and The Register article here.
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