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Federal Judge Gives Clues in YouTube Infringement Case

By Samuel Fineman

A cross-coastal ruling in the little-known predecessor of the epic suit filed in March by Viacom International, Inc. against YouTube, Inc. and its new parent, Google, Inc., elucidates key issues arising under the Digital Milleneum Copyright Act ('DMCA') that the a New York federal district judge will likely focus on in the much anticipated and ballyhooed litigation.

In Robert Tur d/b/a Los Angeles News Service v. YouTube, Inc., CV 06-4436 FMC (C.D., Cal.; June 20, 2007), California federal District Judge Florence-Marie Cooper denied defendant YouTube's partial summary judgment motion seeking dismissal of plaintiff's complaint under Section 512(C) of the DCMA, a safe harbor provision. Judge Cooper found that a more thorough investigation was required to determine how much control YouTube exerted over the Web site in assessing whether the famous site qualifies as a 'service provider' to trigger the statute's safe harbor provision.

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