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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Filed Under: copyright, dmca, safe harbors
Companies: google, viacom, youtube


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  • identicon
    Anonymous Coward, 11 Aug 2010 @ 7:29pm

    ViaCon trying to con its way through the courts.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 11 Aug 2010 @ 7:32pm

    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.

    reply to this | link to this | view in chronology ]

  • icon
    kyle clements (profile), 11 Aug 2010 @ 7:36pm

    makes you wonder

    In cases like this, when everyone just knows the losing side will appeal, what's the point of even going through the first few steps?

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 11 Aug 2010 @ 8:52pm

      Re: makes you wonder

      Simple: To pay the lawyers.

      reply to this | link to this | view in chronology ]

    • identicon
      Lawrence D'Oliveiro, 12 Aug 2010 @ 1:33am

      Re: makes you wonder

      There is a point to it, and the judge knows it. That’s why he was careful to explain his reasoning in meticulous detail, to leave as little wiggle room for appeal as possible.

      Now it’s up to the appeals court to confirm how well he did his job.

      #include <stddisclaimer/ianal.h>

      reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 11 Aug 2010 @ 7:41pm

    Endless appeals system indeed...

    reply to this | link to this | view in chronology ]

  • icon
    Jay (profile), 11 Aug 2010 @ 7:52pm

    So enlighten me...

    We knew this was going to happen. But will it really do anything when the safe harbors are right square looking Viacom in the face? What new argument could they try to make their case look any better?

    reply to this | link to this | view in chronology ]

    • identicon
      Richard, 11 Aug 2010 @ 8:33pm

      Re: So enlighten me...

      I think the argument will be a "we can do this all day" settlement. Google stands to loose a lot more than Viacom will spend on staff filed appeals. At some point, Google may fork over some cash just to take off the risk prospectus.

      reply to this | link to this | view in chronology ]

  • identicon
    Paul`, 11 Aug 2010 @ 11:52pm

    Now, I'm gonna guess that Viacom will run out of their lawyers pocket money before Google.

    reply to this | link to this | view in chronology ]

  • identicon
    TDR, 12 Aug 2010 @ 5:32am

    This is why appeals need to be limited, and sometimes denied entirely. Otherwise we have courts needlessly bogged down in the appeal of the appeal of the appeal of the appeal of the appeal of the appeal of the appeal of the appeal...

    reply to this | link to this | view in chronology ]

  • identicon
    Tom Sydnor, 12 Aug 2010 @ 7:04am

    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

    reply to this | link to this | view in chronology ]


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