News: Viacom has taken the gloves off. (Reuters has more)
Analysis: If this case does not settle, it will test the requirements of the DMCA safe harbor provisions under Section 512(c), (d) of the Copyright Act. YouTube has respectable arguments that it falls within the safe harbor, but nothing in the law is certain until a court faces the precise situation at issue.
I’ve got a class to teach today, so I will not be able to comment more until a little later. You can find an earlier post I did on the DMCA safe harbor here, and on Fred von Lohmann’s and John Palfrey’s analysis here.
