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July 7, 2009 4:33 PM PDT

Judge sides with YouTube on several copyright issues

by Greg Sandoval
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As it defends itself against allegations of copyright infringement made by multiple copyright owners, Google's YouTube won some minor legal victories on Tuesday, legal documents show.

No, the decisions had nothing to do with the main event, which is the suit filed in March 2007 against YouTube by Viacom, parent company of MTV and Paramount Pictures. But Google's attorneys did manage to convince a federal judge to dismiss a number of the claims for statutory damages asked for by group of copyright holders that included a European soccer league and music publishers.

U.S. District Judge Louis Stanton, of the Southern District of New York, also threw out punitive damages, saying that the videos, from the Premiere Football League, were foreign works and weren't covered by U.S. copyright law.

Stanton wrote that the Copyright Act "bars statutory damages for all foreign and domestic works not timely registered."

The soccer league is part of a class action group that includes, The National Music Publishers Association and Bob Tur, the videographer who filmed many well known clips of the Los Angeles riots and the O.J. Simpson police chase in the early 1990s. He was the first person to sue YouTube for copyright infringement.

How the judge's decision will affect the rest of the plaintiffs is unclear. The work by Tur and the NMPA, both based in the United States, are presumably covered by U.S. copyright law.

Lawyers from the New York firm Proskauer Rose, which represents the class, did not immediately respond to an interview request.

Viacom has cooperated with the class-action group and even combined some parts of their case but the entertainment conglomerate is not a member of the class and was not named in the judge's order.

Greg Sandoval covers media and digital entertainment for CNET News. He is a former reporter for The Washington Post and the Los Angeles Times. E-mail Greg, or follow him on Twitter at http://twitter.com/sandoCNET.
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Add a Comment (Log in or register) (18 Comments)
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by BlitzBoy1120 July 7, 2009 5:25 PM PDT
About time something like this happened. But still....
Reply to this comment
by lvcsslacker July 7, 2009 6:16 PM PDT
a small victory in a war...
Reply to this comment
by Me-Ruud July 7, 2009 6:24 PM PDT
This is ridiculous lol, youtube is getting out of everything.. while they shut down the piratebay?
I hope they will nail youtube too and shut it down..
Reply to this comment
by unknown unknown July 7, 2009 9:15 PM PDT
"I hope they will nail youtube too and shut it down.."

Why? Just out of spite?
by Me-Ruud July 7, 2009 9:57 PM PDT
No it is just that it looks like youtube (or google inc. in that case) gets out of everything.
Even though google.inc has a lot (a lot) of copyrighted material on their servers (illegal).

If they try to fight against stealing of copyrighted material then they need to take care of everybody.
by Nataku4ca July 8, 2009 1:26 PM PDT
"pirate"bay, i dont know, i just think that the name kind of killed it...

lawyer: youtube got out of everything we did nothing wrong in that respect
judge: u guys are pirates piratebay....
by groink_hi July 7, 2009 10:26 PM PDT
"Stanton wrote that the Copyright Act 'bars statutory damages for all foreign and domestic works not timely registered.' "

I have problems with Judge Stanton's interpretation. What ever happened to the Berne Convention? This includes works of other foreign nations who, along with the U.S. signed on this agreement. Like any work made within the U.S., you do not need to apply for copyright protection. A Japanese TV show taken from Japan, and then uploaded to YouTube enjoys the exact same protections as an American TV show.
Reply to this comment
by weegg July 8, 2009 7:03 AM PDT
Its not the job of US courts to protect them. Take them on in their own country's court system.
by resu eman July 9, 2009 4:57 AM PDT
Weeg, so does that mean that US companies can do whatever they want while inside the US?
In this case, You Tube would be banned from displaying those videos in the original country but could still show them in the US because those companies didn't register in the US?
I also find it funny when US courts apply US laws to every country in the world, as if the all world is their domain, and then the oposite doesn't apply!
by galacticgufus July 19, 2009 4:30 PM PDT
>>enjoys the exact same protections

so japanese tele enjoys the same illegal monopoly over the (supposedly publicly owned) u.s. airwaves as the drivel made by the u.s. media companies?

ps. i like the word choice 'enjoys'. these programmes enjoy being banned by the u.s. media interests.
by dkgshiz100 July 8, 2009 6:51 PM PDT
Copyright lol. So many lawsuites so little time. I just seen a case on the news last week that some poor lady is going to have to pay $2.5 million dollars because she pirated 8 songs online. I was just like lol. Of couse no one is ever going to see that 2.5 million. These music artists are just greedy little *****. Most of the artists that go after music bootleggers are the untalented artists that no one likes. Oh well, keep on pirating good people.
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by metomjr July 11, 2009 12:20 AM PDT
Actually, for simplicity, she was only charged for 24 songs. She actually had downloaded and was sharing over 1700 songs.
by galacticgufus July 19, 2009 4:32 PM PDT
24 songs at $2.5 million. great simplicity. that's over $100.000 per recording for something that has no value.
by savagett July 8, 2009 8:11 PM PDT
That is really a small "victory". The argument about whether foreign works are protected by U.S copyright laws has existed for a long time. I thought the class action will bring more discussion about foreign content on YouTube rather than just saying NO. There are so many foreign content on YouTube now..
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by groink_hi July 8, 2009 9:15 PM PDT
Exactly. And non-intelligent comments like the one made by weegg adds nothing to the argument. The Berne Convention was updated in 1996 to cover these exact issues regarding Americans abusing foreign works. To say that a foreign artist must fight their given rights on its own soil is ridiculous.
by inanton July 9, 2009 6:14 AM PDT
So here is my plan for a business:

1) Setup a site called YouTubex in a country other than the US.
2) Make copyrighted material available to all the world.
3) Count my money.
4) When someone comes a suing, tell them that they have not copyrighted the work in that country.

I thought copyrights were global? What about WIPO (World Intellectual Property Organisation) and WTO (World Trade Organisation)?

Isn't this is exactly the type of role that the UN organisations should be filling.

Unfortunately, this is a double standard that the rest of the world has seen before many times - one rule for the US, and another for everyone else - at ICC, WTO, Geneva conventions, etc.

This type of behaviour gives fuel to the rhetoric of the anti-US sentiment.
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by fahadbhai August 4, 2009 10:10 AM PDT
I actually thought that Copyright laws apply to all the countries in the world. So now everyone can start pirating Hollywood movies and music I guess, coz I dont think Hollywood production houses have applied for copyright licenses in each and every country in the world. :D
by leave123 November 12, 2009 11:58 PM PST
"I hope they will nail youtube too and shut it down.."<a href="http://www.tiffanyonlinestore.us/9-tiffany-charms">tiffany charms</a>
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