News: Another copyright lawsuit has been filed against YouTube, bringing the total number of suits to 4. The new case, filed in San Francisco, is:
No 4. David Grisman, a mandolin player who performed with the Grateful Dead, along with his partner Craig Miller and company Dawg Music. They are also seeking to certify a class action of musicians against YouTube. Getting a class certified (if the judge determines it meets the requirements of Federal Rule of Civil Procedure 23) would make the case a much bigger potential worry for YouTube, with much higher potential damages should YouTube lose. (More) If someone can find a copy of the complaint, please send me a comment below.
Analysis: It’s not time for YouTube to start sweating, but certainly the two class action possibilities raise the stakes. Because 3 of the 4 lawsuits are in different jurisdictions, it is certainly possible that different courts might interpret the DMCA safe harbor differently and the case could end up in the Supreme Court. That’s still a long way off, though. YouTube will likely try to file some motions to defeat the class action certification in the 2 cases.