Perspective
Apr. 25, 2012
How safe is safe? YouTube decision limits the reach of the DMCA’s 'Safe Harbor'
Rather than following precedent providing a "safe harbor" for service providers as a matter of statutory construction, the 2nd circuit adopted a fact-based approach. By Carole Handler and John Shaeffer of Lathrop & Gage LLP
The 2nd Circuit's recent YouTube decision (Viacom International Inc., et al. v. YouTube Inc., et al. and related cases) is most notable for a subtle shift in perspective. Rather than following recent decisions that favor the service provider by applying to it as a matter of statutory construction the safe harbor provision of the Digital Millennium Copyright Act, the Court of Appeals adopted a more fact-based p...
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