Viacom and YouTube are still battling their years-old lawsuit, over YouTube hosting Viacom-owned videos on their site in the early days. The suit is currently in the Second Court of Appeals, where there’s a huge ruling looming: Basically, YouTube is arguing that they are not responsible for users posting copyrighted material. They’re using the Pirate Bay defense.
Viacom is obviously mad at this assertion, saying that YouTube knowingly let users put up copyrighted material, and that if the court rules in YouTube’s favor, what’s preventing YouTube from completely shredding its contracts with copyright holders. They use Grokster as an example:
“Indeed, in YouTube’s view, Grokster itself could resurface as a ‘storage’ site, allow users to post copyrighted music throughout its system for public consumption, avoid knowledge of the specific location of particular pirated music files, and respond to takedown notices, with complete immunity from copyright infringement liability under the DMCA.”
Viacom is saying that YouTube should be held responsible for copyrighted material, even if they take down material as soon as copyright holders let them know its copyrighted. If the court rules on the side of Viacom, this obviously has huge implications for a variety of websites. The case is still ongoing. [HR]