Viacom appealed Friday its unsuccessful $1 billion copyright lawsuit against Google’s YouTube in a case testing the depths of copyright-infringement protection under the Digital Millennium Copyright Act of 1998. (If the June ruling) survives, is a boon for internet freedom — and a decision that would make it more difficult for rights holders to protect their works. (The judge) ruled that YouTube, which Google purchased in 2006 for $1.8 billion, had no way of knowing whether a video was licensed by the owner, was a “fair use” of the material “or even whether its copyright owner or licensee objects to its posting.” The DMCA’s “safe harbor” privilege comes with another price. The law demands intermediaries such as YouTube to take down content in response to a notice from rights holders, without evaluating the claim for reasonableness or accuracy, or considering the fair use rights of users.
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