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YouTube has filed its answer to Viacom's complaint for copyright infringment. As expected, it relies heavily on the DMCA safe harbor provisions:
Viacom's complaint in this action challenges the careful balance established by Congress when it enacted the Digital Millennium Copyright Act. The DMCA balances the rights of copyright holders and the need to protect the internet as an important new form of communication. By seeking to make carriers and hosting providers liable for internet communications, Viacom's complaint threatens the way hundreds of millions of people legitimately exchange information, news, entertainment, and political and artistic expression. Google and YouTube respect the importance of intellectual property rights, and not only comply with their safe harbor obligations under the DMCA, but go well above and beyond what the law requires. But lest it leave any rationale unexplored, YouTube added 12 affirmative defenses, including licenses (express or implied), unclean hands, fair use, and copyright misuse.
posted by James DeLong @ 2:21 PM | DMCA, Internet: P2P, Search Engines...
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