Sun Rises In The Morning, Sets At Night, And Viacom Appeals YouTube Ruling

from the carry-on dept

It’s almost not worth mentioning because everyone knew this was going to happen one way or the other from the time Viacom first sued YouTube in the first place, no matter what the outcome of the initial case. However, with Google/YouTube getting summary judgment in its favor back in June, it was only a matter of dotting all the i’s and crossing all the t’s on the paperwork for Viacom’s appeal (well, technically, Viacom needed to wait for the original summary judgment to be official). That’s all been done and the appeal is now officially in motion, with the paperwork filed to start the appeals process. Get ready for a few more years of back and forth arguments before any of this means anything.

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Companies: google, viacom, youtube

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Comments on “Sun Rises In The Morning, Sets At Night, And Viacom Appeals YouTube Ruling”

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14 Comments
Anonymous Coward says:

Well this was bound to happen, those people are using less important rullings to make it common law what they want, they go after the small ones first to create precedents and then when it is all set they try the big ones.

Is like using pedo crazy talk to pass ridiculous laws for one reason and then use those same laws for other things.

Tom Sydnor (user link) says:

Mike, you once again misstate the law and the facts

Well, Mike, you have the substance wrong, and you have thus missed the interesting part of the story. As any first-year law student would know, the summary-judgment ruling in favor of YouTube DID NOT create a final appealable order.

Consequently, Viacom has done something telling here: They must have agreed to dismiss their case, pending the results of an appeal of the safe-harbor ruling.

That is highly unusual. I once advised a client to do that, but they wouldn’t. In effect, this means that Viacom must have few or no doubts that Judge Stanton’s reasoning will be rejected on appeal. I agree. Here is a short paper that explains why:

http://www.pff.org/issues-pubs/pops/2010/pop17.14-Grokster_Redux.pdf

In short, Judge Stanton’s ruling is dead-wrong on the law for all the same reasons that the district-court decision in Grokster was unanimously reversed by the Supreme Court. –Tom

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