Second Circuit Muddies DMCA "Safe Harbor" Provisions

Client Advisory
April 19, 2012

This Client Advisory discusses the Second Circuit’s recent decision in Viacom v. YouTube, in which the court held that online service providers were not safe from copyright infringement suits if plaintiffs could point to evidence from which a fact finder could infer that the provider either knew of, or was willfully blind to, specific instances of infringement on its site. The decision weakens the statutory protections online service providers had previously enjoyed under the “safe harbor” provisions of US copyright law.

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