IP Law: How safe is that DMCA safe harbor? Pretty darn safe - .
Posted Nov 08 2010 3:45pm
In Viacom Int'l, Inc. v. YouTube, Inc., 2010 U.S. Dist. LEXIS 62829 (S.D.N.Y. June 23, 2010) the court considered whether, under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, a service provider is barred from enjoying safe harbor protection if it has a general awareness that there are infringements or if it is only barred if it has an actual or constructive knowledge of specific and identifiable infringement of individual works.