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The ruling of a Northern California
judge to dismiss the copyright infringement case against Veoh translates into
good news for Google and Youtube. However, this does not mean Google will automatically
succeed in the $1 billion copyright lawsuit with Viacom.
Veoh was dragged in court by Io Group, which operates as the
adult-entertainment company Titan Media, for the fact that in June 2006 it
allegedly posted 10 videos of about 40 minutes without the group’s approval.
But the court ruled then that the sites which are hosting user-generated videos
aren’t sole responsible for vetting the videos.
However, the big difference between Io and Viacom is that
the group did not alert Veoh of the copyright infringement before going to
court with it. In the other case, Viacom notified YouTube more than 100,000
times before filing suit.
"The first reaction from Io was to sue rather than to
work through the system," said renowned copyright attorney Mark Litvack.
The U.S. District Court judge underlined in his ruling that
Veoh "does not itself actively participate or supervise the uploading of
files...nor does it preview or select the files before the upload is
completed."
Veoh defend itself by bringing to the table the Digital
Millennium Copyright Act (DMCA) which has long protected Web sites who host
user-uploaded music and videos. Veoh maintained that, under the DMCA, it did
not violate copyrights.
The ruling in Veoh’s favor is also good news for other mixed
sharing sites such as Muxtape, which, if implements stringent DMCA safe harbor
compliance measures may escape the RIAA.
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