جستجو
   
    Delicious RSS ارسال به دوستان خروجی متنی
    کد خبر : 27208
    تاریخ انتشار : 28 اردیبهشت 1392 9:6
    تعداد بازدید : 657

    Federal judge denies class action certification in Google copyright case

    A judge for the US District Court for the Southern District of New York on Wednesday denied a motion to certify a putative class action against Googles YouTube involving copyright owners from around the world. Named plaintiffs included the English Premier League, the French Tennis Federation, the National Music Publishers Association and several other music publishers.

    Photo source or description

    The plaintiffs asserted that YouTube infringed on copyrighted materials by allowing unauthorized hosting of certain protected video and sound clips. Unnamed class members included copyright owners who issued "take-down notices" to Youtube after its unauthorized hosting, and any music publisher whose copyrighted materials were posted on the site without permission. District Judge Louis stanton held Wednesday that the nature of the specific claims would require each class member to demonstrate a high degree of individualized factual evidence regarding their specific injury, thus complicating the requirement of representative typicality found in Rule 23 of the Federal Rules of Civil Procedure . According to media sources, the plaintiffs are considering appealing the decision, as denial of class action certification is immediately appealable as a matter of course.

    The plaintiffs filed suit for copyright infringement against Google in 2007 concurrently with Viacom, which owns Comedy Central, MTV and VH1. Viacom sought $1 billion in damages as well as an injunction against YouTube for clips that were posted on the website without authorization. However, in April the US District Court for the Southern District of New York dismissed Viacom's suit. The court held that YouTube was protected by the Digital Millennium Copyright Act's (DMCA) "safe harbor" provisions, which shelter service providers from the infringing activities of their customers by shifting liability to individual infringing customers. Viacom previously brought a similar suit  against YouTube in 2007, but was unsuccessful.

     

    © JURIST


    نظر شما



    نمایش غیر عمومی
    تصویر امنیتی :
تعداد بازدید کنندگان کل :
تا کنون :
28644367
اکنون :
150