Holding true to its promise, Viacom has appealed a judgment by the District Court for the Southern District of New York wherein Judge Stanton ruled that Google and YouTube are not liable for copyright infringement based on Safe Harbor provision of the federal Digital Millennium Copyright Act (DMCA).
This case began back in 2007 with Viacom’s initial lawsuit against YouTube alleging $1 billion in damages. Viacom argued that YouTube provides a service to internet users by doing more than merely allowing them to post and distribute copyrighted materials. Viacom’s complaint stated;
“YouTube itself commits the infringing duplication, distribution, public performance, and public display of Plaintiffs’ copyrighted works, and that infringement occurs on YouTube’s own website, which is operated and controlled by Defendants, not users.”