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Google Wins Key Copyright Ruling

SAM SCHECHNER And JESSICA E. VASCELLARO The Wall Street Journal 06/23/2010 15:17
Google Wins Key Copyright Ruling - USA - Technology - Google - Viacom - lawsuit


A federal judge in New York ruled in favor of Google Inc.'s YouTube unit Wednesday, in a closely watched copyright-infringement lawsuit brought by Viacom Inc.



The judge granted Google's motion for summary judgment in a three-year-old lawsuit in which Viacom claimed that the video-sharing Web site had sought to exploit Viacom's copyrighted works for profit. Google argued that YouTube was protected by the Digital Millennium Copyright Act.

Both sides had asked for the judge to decide the case before it went to trial.

Viacom, which has been seeking more than $1 billion in damages, said it plans to appeal Wednesday's ruling.

"We believe that this ruling by the lower court is fundamentally flawed," the media company said in an emailed statement.

In an interview, Google's general counsel, Kent Walker, called the decision "a full vindication across the board" that "resolved all the pending issues."

He said Google remains confident of its position if Viacom appeals, and continues to closely watch similar copyright cases, including one on the West Coast against Internet company Veoh.

In his decision, U.S. District Judge Louis Stanton in Manhattan said a jury could find that YouTube and Google "not only were generally aware of, but welcomed, copyright-infringing material being placed on their website" because it was "attractive to users."

But Judge Stanton said YouTube's "general" awareness of copyright infringement was not the same as "knowledge of specific and identifiable infringements of individual items." And when YouTube received "specific notice that a particular item infringed a copyright, they swiftly removed it," he said, adding that all of the disputed video clips involved in the lawsuit were off the site.


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