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Edition: U.S. Article Comments (0) Save Email Print Reprints Most Popular Most Shared Disease risk higher for swingers than prostitutes 23 Jun 2010 U.S. scores dead last again in healthcare study 23 Jun 2010 BP resumes oil siphon at leak 1:19am EDT WRAPUP 1-BP resumes oil siphon at leak, Obama poll numbers down 1:15am EDT Miley Cyrus "no underwear" photo is fake, blogger says 15 Jun 2010 Now scientists read your mind better than you can 22 Jun 2010 Methane in Gulf "astonishingly high": U.S. scientist 22 Jun 2010 Toronto's downtown banks empty out ahead of G20 23 Jun 2010 UPDATE 1-Senate Democrats push jobs tax compromise 23 Jun 2010 Soros says Germany could cause euro collapse 23 Jun 2010 U.S. scores dead last again in healthcare study 23 Jun 2010 Methane in Gulf "astonishingly high": U.S. scientist 22 Jun 2010 Disease risk higher for swingers than prostitutes 23 Jun 2010 Now scientists read your mind better than you can 22 Jun 2010 Fed softens economy view as it renews low-rate vow 23 Jun 2010 Australia gets first woman PM 3:26am EDT Toronto's downtown banks empty out ahead of G20 23 Jun 2010 INTERVIEW-UPDATE 1-Microsoft sees strong online ad growth 23 Jun 2010 Soros says Germany could cause euro collapse 23 Jun 2010 Asian stocks steady as dollar down after Fed 2:53am EDT What Viacom's loss to YouTube means for Hollywood Matthew Belloni Thu Jun 24, 2010 12:48am EDT LOS ANGELES (Hollywood Reporter) - The Google geeks have beaten Hollywood chic. But how much will Wednesday's court ruling against Viacom in its $1 billion copyright battle over YouTube tip the balance of power from professional content creators to online distributors? Entertainment In ruling on summary judgment that the Google-owned video-sharing site is protected from liability by a safe-harbor provision in copyright law, U.S. District Court Judge Louis Stanton has sent a clear message: If user-generated video sites implement reasonable takedown procedures, they are shielded from infringement lawsuits based on the content that users upload. "If a service provider knows of specific instances of infringement, the provider must promptly remove the infringing material," Stanton wrote in the opinion. "If not, the burden is on the owner to identify the infringement." The digital community has heralded the decision as a win for consumers against over-reaching content conglomerates. "Studios have a tremendous tool in the Digital Millennium Copyright Act (DMCA) that allows them to send a notice and get the relief they desire," said Kurt Opsahl of the Electronic Frontier Foundation, a digital-rights advocacy group that backed Google in the case. "Whether you are Viacom or a small rights-holder, that tool remains available." Several Hollywood studios filed briefs in support of Viacom in the massive litigation, initially filed in New York in 2007. Viacom general counsel Michael Fricklas called the decision a disappointment, and vowed to appeal. "YouTube and Google stole hundreds of thousands of video clips from artists and content creators, including Viacom, building a substantial business that was sold for billions of dollars," Fricklas said in a statement. "We believe that should not be allowed by law or common sense." Google's win shouldn't change the way studios interact with YouTube, which has implemented takedown procedures and a content-filtering system since grabbing the zeitgeist in 2006 thanks in part to viral videos like "Lazy Sunday" from NBC's "Saturday Night Live" and clips from Viacom's "The Daily Show." Evidence submitted by Viacom in the litigation showed that top YouTube executives knew that infringing content was available on the site and led to spikes in traffic. But YouTube now is among the more responsible players when it comes to online video, striking licensing deals with content owners and responding aggressively to notices of infringement. Still, the court's ruling could leave the impression that building a web video service in part on the back of copyrighted content is legal as long as you eventually clean up your act. That likely will be an issue addressed in Viacom's appeal. Eric Goldman, director of the High Tech Law Institute at Santa Clara University School of Law, said the impact of the case on Hollywood could be felt if user-generated websites refuse to implement filtering technologies or otherwise go beyond what the DMCA mandates. "A lot of content owners want service providers to do more than the law requires," Goldman said. "This opinion rejects those requests." To that end, the ruling also could renew Hollywood calls to reform copyright law at its source. "Congress might decide to get involved here," Opsahl said. "And I would not be surprised if the new IP czar weighed in on the issue." Fricklas, who has spearheaded the costly YouTube litigation, sounded an upbeat note despite the defeat. "We always knew that the critical underlying issue would need to be addressed by courts at the appellate levels," he wrote. "Today's decision accelerates our opportunity to do so." Entertainment Add a Comment *We welcome comments that advance the story directly or with relevant tangential information. We try to block comments that use offensive language or appear to be spam and review comments frequently to ensure they meet our standards. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. © Copyright 2010 Thomson Reuters Editorial Editions: Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom United States Reuters Contact Us Advertise With Us Help Journalism Handbook Archive Site Index Video Index Reader Feedback Analyst Research Mobile Newsletters RSS Podcasts Widgets Your View Labs Thomson Reuters Copyright Disclaimer Privacy Professional Products Professional Products Support Financial Products About Thomson Reuters Careers Online Products Acquisitions Monthly Buyouts Venture Capital Journal International Financing Review Project Finance International PEhub.com PE Week FindLaw Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. 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