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Intellectual Property

Apr. 18, 2012

2nd Circuit revives barely viable Viacom copyright case against YouTube

Viacom's battle against YouTube forges on, despite a claim that barely passes muster.

John F. Stephens

Goldberg Segalla LLP

Email: jstephens@goldbergsegalla.com

On April 5, the 2nd U.S. Circuit Court of Appeals revived a sleeping 5-year-old giant: Viacom's copyright case against YouTube. The court found that a jury might conclude that the online video-sharing site knew it was infringing rights when it allowed the distribution of videos of popular television shows and other programs.

The 2nd Circuit reversed a 2010 lower court grant of summary judgment in favor of YouTube, which was considered a landmark in setting guidelines for user-gene...

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