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The U.S. Appeals Court for the Second Circuit (New York) today handed down its ruling in Viacom v. YouTube. The ruling is here.
The following is attributed to Sherwin Siy, deputy legal director for Public Knowledge:
"We are pleased with the Appeals Court ruling. The Court upheld the basic principles of the Digital Millennium Copyright Act (DMCA). Crucially, the Court rejected Viacom's attempt to create a new duty of those hosting content to monitor actively for infringement in order to qualify for the law's safe-harbor provisions. The Court upheld the need for knowledge of specific instances of infringement in the DMCA, and that a general awareness of possible infringement is not sufficient."