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News: In Viacom Suit Won’t Snuff Out YouTube, Catherine Holahan of BusinessWeek.com has an insightful assessment of Viacom’s copyright lawsuit against YouTube. The article distinguishes YouTube from Napster, and makes several points in YouTube’s favor.
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Investors are urged to read the relevant documents that will be filed with the Securities and Exchange Commission by Viacom if the merger transaction proceeds because they will contain important information. You will be able to obtain a free copy of the documents filed with the Commission by Viacom and Infinity at the Commission's website at http://www.sec.gov. Investors will ... be able to obtain a free copy of the relevant documents by contacting Investor Relations at Viacom at: 800-516-4399, 1515 Broadway, New York, NY 10036 or http://www.viacom.com.
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Viacom is not new to Times Square. It maintains its world headquarters at 1515 Broadway, where it leases approximately 1.3 million square feet for executive offices and certain of its operating divisions. The lease for the majority of the space runs to 2010, with four renewal options for five years each thereafter.
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NEW YORK, March 13, 2007 – Viacom Inc. (NYSE: VIA and VIA.B) today announced that it has sued YouTube and Google in U.S. District Court for the Southern District of New York for massive intentional copyright infringement of Viacom’s entertainment properties. The suit seeks more than $1 billion in damages, as well as an injunction prohibiting Google and YouTube from further copyright infringement. The complaint contends that almost 160,000 unauthorized clips of Viacom’s programming have been available on YouTube and that these clips had been viewed more than 1.5 billion times.
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Here, Viacom gets to try out the new theory of secondary indirect copyright infringement created in Grokster. In this case, Viacom alleges an underlying direct infringement by users who are uploading SpongeBob to YouTube’s website, where SpongeBob is then publicly performed and publicly displayed. YouTube, it is alleged, induces Users to do this.
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MoveOn and Brave New Films are suing Viacom for issuing a takedown order to YouTube to remove a parody of The Colbert Report. The video contained clips of the actual show, but Moveon and Brave New Films argued that it’s covered under fair use provisions. “People just shoot off a takedown notice without really giving a second thought to the material being taken down and whether it’s really proper to be taken down,” said Corynne McSherry, a staff attorney with the EFF, who helped file the lawsuit. “A lot of people cave in because they don’t realize they can push back or they can’t afford to push back.” The lawsuit seeks unspecified legal costs and damages.
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