Sun Rises In The Morning, Sets At Night, And Viacom Appeals YouTube Ruling
from the carry-on dept
It's almost not worth mentioning because everyone knew this was going to happen one way or the other from the time Viacom first sued YouTube in the first place, no matter what the outcome of the initial case. However, with Google/YouTube getting summary judgment in its favor back in June, it was only a matter of dotting all the i's and crossing all the t's on the paperwork for Viacom's appeal (well, technically, Viacom needed to wait for the original summary judgment to be official). That's all been done and the appeal is now officially in motion, with the paperwork filed to start the appeals process. Get ready for a few more years of back and forth arguments before any of this means anything.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: copyright, dmca, safe harbors
Companies: google, viacom, youtube
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Is like using pedo crazy talk to pass ridiculous laws for one reason and then use those same laws for other things.
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makes you wonder
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Re: makes you wonder
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Re: makes you wonder
Now it’s up to the appeals court to confirm how well he did his job.
#include <stddisclaimer/ianal.h>
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So enlighten me...
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Re: So enlighten me...
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Re: Re: So enlighten me...
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Re: Re: So enlighten me...
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Mike, you once again misstate the law and the facts
Consequently, Viacom has done something telling here: They must have agreed to dismiss their case, pending the results of an appeal of the safe-harbor ruling.
That is highly unusual. I once advised a client to do that, but they wouldn't. In effect, this means that Viacom must have few or no doubts that Judge Stanton's reasoning will be rejected on appeal. I agree. Here is a short paper that explains why:
http://www.pff.org/issues-pubs/pops/2010/pop17.14-Grokster_Redux.pdf
In short, Judge Stanton's ruling is dead-wrong on the law for all the same reasons that the district-court decision in Grokster was unanimously reversed by the Supreme Court. --Tom
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Re:
You lost, Tom.
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