Ouellette v. Viacom International Inc.
Ouellette v. Viacom, CV 10–133–M–DWM–JCL; 2011 WL 1882780, found the safe harbor provision of the Digital Millennium Copyright Act (DMCA) did not create liability for service providers that take down non-infringing works (works having a fair use defense to copyright infringement). This case limited the claims that can be filed against service providers by establishing immunity for service providers' takedown of fair use material, at least from grounds under the DMCA. The court left open whether another "independent basis of liability" could serve as legal grounds for an inappropriate takedown. Thus, service providers can rest easier knowing that they do not have to do a fair use analysis of content suspected of infringing copyright.
primaryTopic
Ouellette v. Viacom International Inc.
Ouellette v. Viacom, CV 10–133–M–DWM–JCL; 2011 WL 1882780, found the safe harbor provision of the Digital Millennium Copyright Act (DMCA) did not create liability for service providers that take down non-infringing works (works having a fair use defense to copyright infringement). This case limited the claims that can be filed against service providers by establishing immunity for service providers' takedown of fair use material, at least from grounds under the DMCA. The court left open whether another "independent basis of liability" could serve as legal grounds for an inappropriate takedown. Thus, service providers can rest easier knowing that they do not have to do a fair use analysis of content suspected of infringing copyright.
has abstract
Ouellette v. Viacom, CV 10–133 ...... s replicates a physical space.
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Link from a Wikipage to an external page
Wikipage page ID
34,942,016
Wikipage revision ID
671,393,620
citation
date decided
2011-03-31
full name
Ouellette v. Viacom International Inc. et al
Holding
Service providers had no liabi ...... the needs of disabled persons.
Judge
Jeremiah C. Lynch
name
Ouellette v. Viacom
subsequent actions
Donald W. Molloy’s order adopting the magistrate judge’s findings; 2011 WL 1883190
subject
comment
Ouellette v. Viacom, CV 10–133 ...... ected of infringing copyright.
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label
Ouellette v. Viacom International Inc.
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