This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Intellectual Property

Aug. 19, 2010

The Shifting Tide: Courts Favoring ISPs in Copyright Infringement Battles

There's a trend of copyright infringement decisions favoring Internet service providers that use filtering software to identify pirated videos, by John F. Stephens of Sedgwick, Detert, Moran & Arnold.

John F. Stephens

Goldberg Segalla LLP

Email: jstephens@goldbergsegalla.com

The recent Viacom v. YouTube litigation further defined what is acceptable behavior by "user-generated content" sites toward copyrighted works.

On June 23, a federal district judge in the Southern District of New York granted the video-sharing site YouTube (now owned by Google) a victory. The ruling is the latest in a trend of one-sided interpretations of the Digital Millennium Copyright Act (DMCA) in favor of Internet service providers (ISPs). Congress enacted the DMCA to ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails