Opening Round Briefs in Second Viacom v. YouTube Appeal

The long-running saga of Viacom v. YouTube continues.  As you may remember, Viacom v. YouTube involves the liability of user-generated content (UGC) websites such as YouTube when their users post allegedly infringing content, and specifically how UGC sites can defend such liability using the "safe harbor" of the DMCA, 17 U.S.C. §512.  In June 2010, the district court granted summary judgment to YouTube on its safe harbor defense.  In April 2012, the Second Circuit Court of Appeals affirmed much of the district court's reasoning, but remanded the case for further fact finding.  In April 2013, the district court again granted summary judgment to YouTube, and Viacom appealed yet again.

Viacom has now filed its opening brief.  Groklaw has a discussion of that brief here.  In addition, six amicus briefs have been filed in support of Viacom:

• Ronald A.Cass, Raymond Nimmer, and Stuart N. Brotman
• Copyright Alliance, Minority Media & Telecommunications Council, Inc. and the Media Institute
• American Federation of Musicians, Directors Guild of America, International Alliance of Theatrical Stage Employees, Screen Actors Guild-American Federation of Television and Radio Artists, and Studio Transportation Drivers, Local 399, International Brotherhood of Teamsters
• MPAA and Independent Film & TV Alliance
• American Society of Composers, Authors and Publishers, Broadcast Music, Inc., The Recording Industry Association of America, and Sesac, Inc. 
• Football Association Premier League Ltd., Bourne Co., Murbo Music Publishing, Inc., Cal IV Entertainment, LLC, X-Ray Dog Music, Inc., and Fédération Francaise de Tennis (this filing is actually a motion for leave to file the amicus brief)

Groklaw's discussion of those amicus briefs is here.

YouTube's opposition brief is due on October 25, 2013.