Written By Joseph M. DiCioccio

The Second Circuit has vacated District Court (S.D.N.Y.) Judge Louis L. Stanton’s June 2010 dismissal of Viacom’s $1 billion copyright infringement suit against YouTube.  In a thorough opinion, the Second Circuit remanded the case to the district court for further consideration of several key aspects of the case, including whether executives at YouTube had actual knowledge of specific infringing content sufficient to bar YouTube’s reliance on the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”).

The dispute stems from a copyright infringement complaint originally filed in 2007.  Viacom (and a variety of other plaintiff content owners) accused YouTube of directly and secondarily infringing copyrights relating to content posted on the site between YouTube’s inception in 2005 and 2007 when suit was filed.  After discovery, the parties cross-filed motions for summary judgment.  The court denied Viacom’s motion but granted YouTube’s, primarily relying on application of the DMCA’s safe harbor.  Viacom appealed.  The Second Circuit has now issued an opinion in which it clarified some key DMCA issues and remanded the case to the district court for further consideration. Continue Reading Viacom Lives to Fight Another Day in YouTube DMCA Suit