The Second Circuit heard oral argument in Viacom v. YouTube and Premier League v. YouTube on October 18, 2011. Following the argument, on October 25, the Court asked the parties to submit letter briefs on the following two questions:
The parties are hereby ordered to submit letter briefs, not exceeding ten pages doublespaced, on the following questions: (1) whether and how the red-flag knowledge provision would apply under the Defendants’ “specific” knowledge construction of § 512(c)(1)(A); and (2) whether YouTube’s “syndication” of videos to third parties falls outside the scope of safe harbor protection for activities that occur “by reason of . . . storage at the direction of a user” under § 512(c)(1).