Just when you thought Viacom’s $1 billion lawsuit against YouTube was over, the U.S. Circuit Court of Appeals in Manhattan has ruled that YouTube will need to defend themselves from the lawsuit by Viacom in court. Viacom filed the $1 billion lawsuit against YouTube in 2007. Viacom said that YouTube was responsible for a huge amount of copyrighted material uploaded by YouTube users.
Back in 2010, a lower court ruled that YouTube was protected from liability for what their users do because of the Digital Millenium Copyright Act. Under the DMCA, YouTube was responsible for removing offending videos when they were notified by copyright holders.
A reasonable jury could find that YouTube had actual knowledge or awareness of specific infringing activity on its website,” a two-judge panel said in a 39-page decision.
So what does “knowing” actually mean? We will find out in due time.