Perspective
Jun. 7, 2012
Material knowledge: YouTube not protected by DMCA
In determining the extent of DMCA's safe harbor, the court also determined that "willful blindness" can also demonstrate knowledge of infringement. By David Muradyan of Weintraub Genshlea Chediak Tobin & Tobin
Online service providers and operators of such sites should take careful note of the 2nd U.S. Circuit Court of Appeals' recent decision in Viacom Int'l, Inc. v. YouTube, Inc., Case No. 10-3342-cv, where the court held that service providers and operators will not be protected from the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c), if they have "actual knowledge or awareness of facts ...
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