Viacom wants Appeals Court to overturn YouTube ruling

Oct 24, 2011 11:15 AM, By Michael Grotticelli

    
YouTube has developed a software program that identifies copyright violations when videos are posted. The lawsuit relates to content that appeared online prior to its implementation.

YouTube has developed a software program that identifies copyright violations when videos are posted. The lawsuit relates to content that appeared online prior to its implementation.

Viacom has warned the 2nd U.S. Circuit Court of Appeals in Manhattan that a lower court ruling — if upheld — would allow YouTube to get away with “rampant copyright infringement.”

Viacom’s lawyer, Paul Smith, told the three-judge panel last week that a lower court judge was wrong to rule that Google’s popular video service was protected from copyright infringement claims.

“YouTube not only knew there was rampant copyright infringement on the site, but welcomed it,” Smith said. “These people made this kind of money on somebody else’s property.”

In response, Google attorney Andrew Schapiro argued that YouTube follows the law and always has by taking down video when a copyright owner claims the video infringes its rights.

“There is no evidence, zero, of a single clip in this case that YouTube knew was infringing and failed to take down,” he said.

Viacom’s chief complaint, Schapiro said, seemed to be that Google was not screening for copyright violations in the manner Viacom preferred.




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