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Viacom, Google Showdown to Continue

Viacom is appealing the decision of the New York Federal Court which granted Google’s (YouTube) motion for summary judgment that it was protected against claims of copyright infringement for videos uploaded to YouTube by the Digital Millennium Copyright Act’s safe harbor provisions. Viacom believes that Google is not entitled to…

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Google Saved Again By DMCA – Im”Perfect” Notices Do Not Establish Actual Notice

A federal court dismissed on summary judgment most of the copyright infringement claims against Google, ruling, in part, that Plaintiff’s notices were not compliant with the requirements of the Digital Millennium Copyright Act (“DMCA”). As a result, the court found that Google was entitled to “safe harbor” protection under various…

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Boomshine Boomerangs (Part II) – Court Allows Copyright Complaint Against Facebook to Continue

On July 23, 2010, Judge William Alsup of the U.S. District Court for the Northern District of California entered an order denying Facebook Inc.’s motion to dismiss a second amended complaint alleging that Facebook is guilty of contributing to the copyright infringement of a video game. Judge Alsup denied Facebook’s…

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Criminal Liability for Not Reading or Abiding by Terms of Service?

Many people routinely click on the Agree button without reading the terms of service. Doing so can be perilous for many reasons. A pending case highlights another potential reason to read and abide by the terms of service – potential criminal liability. Granted, there are some unique facts here as…

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Google Prevails in DMCA Safe Harbor Dispute

Google has prevailed on summary judgment in a lawsuit brought against it by Viacom for widespread copyright infringement due to uploading of copyrighted content to its YouTube site. Viacom was seeking $1billion in damages, alleging that Google was aware that users were committing copyright infringement by uploading songs and other…