Showing posts with label DMCA Safe Harbors. Show all posts
Showing posts with label DMCA Safe Harbors. Show all posts

Tuesday, March 20, 2012

Google Amicus Brief in Disney v. Hotfile

Disney Enterprises, Inc. et al v. Hotfile Corp. et al.,  Case No. 11-20427-Civ here.

Thursday, June 24, 2010

Viacom v Google on the Interpretation of DMCA "safe harbor" provision

Here. As the U.S. District Judge Louis Stanton put it, "the critical question is whether the statutory phrases “actual knowledge that the material or an activity using the material on the system or network is infringing,” and “facts or circumstances from which infringing activity is apparent” in § 512(c)(1)(A)(i) and (ii) mean a general awareness that there
are infringements (here, claimed to be widespread and common), or rather mean actual or constructive knowledge of specific and identifiable infringements of individual items".
According to the judge, "if a service provider knows (from notice from the owner, or a “red flag”) of specific instances of infringement, the provider must promptly remove the infringing material. If not, the burden is on the owner to identify the infringement. General knowledge that infringement is “ubiquitous” does not impose a duty on the service provider to monitor or search its service for infringements."