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Googe bests Viacom - safe harbor provisions protect YouTube |
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Written by Jeffrey Neu
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On June 23, 2010 (that's today), Judge Louis J. Stanton of the United States District Court, for the Southern District of New York issued a ruling in the infamous suit between Google/YouTube and Viacom. Judge Stanton held, in a motion for Summary Judgement by the defendants (Google/YouTube), that the "Safe-Harbor" provisions of the Digital Millenium Copyright Act shield YouTube from liability due to users uploading potentially copyright infringing videos to its web based video sharing service.
“The provider must know of the particular case before he can control it,” Stanton said in the ruling. “The provider need not monitor or seek out facts indicating such activity.”
"Mere knowledge of prevalence of such activity in general is not enough," he wrote. "The provider need not monitor or seek out facts indicating such activity."
This will be seen as a boon for Websites/ISPs/and other Online Service Providers. Not only does it set the stage for required knowledge before action must be taken, but also indicates the amount of safeguards and proactive steps an Online Service Provider has to take to find or seek out infringing or illegal activity.
Judge Stanton also went on to clarify that this case was not in any way related to the infamous Grokster case, which set the precedent for peer to peer file sharing, which YouTube has been deemd to not be associated with or similar to.
You can read the decision here (I uploaded it because I couldn't find it anywhere else).
Viacom intends to appeal the decision. |
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Jeffrey Neu selected as chair for New Jersey State Bar Internet and Computer Law Committee |
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Written by Jeffrey Neu
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Jeffrey Neu has been selected as the chair for the Internet and Computer Law Committee for the NJSBA year 2010 - 2011. |
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Facebook: Privacy vs. Progress |
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Written by Jennifer Yoon
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Mark Zuckerberg, Facebook CEO, has a history of exhibiting a cavalier attitude towards privacy. Recently, the internet has been abuzz with a transcript of an instant message exchange between then 19-year-old Zuckerberg ("Zuck") and an unidentified friend shortly after The Facebook was first launched in six years ago, in 2004. The instant message exchange reads:
Zuck: Yeah so if you ever need info about anyone at Harvard
Zuck: Just ask.
Zuck: I have over 4,000 emails, pictures, addresses, SNS
[Redacted Friend's Name]: What? How'd you manage that one?
Zuck: People just submitted it.
Zuck: I don't know why.
Zuck: They "trust me"
Zuck: Dumb f****.
Zuckerberg's attitude, while reflective of his generation, raisesflags because Facebook is a $22 billion and the leading pioneer in the online social-networking market. To date, Facebook has over 400 million active users, which translates into an astounding amount of personal information on individual users. Facebook has been under a great deal of scrutiny for its implement-changes-first, do-damage-control-after approach to its privacy policy, but as fast as Facebook has grown, maybe this cavalier approach is the way to go. In just a over six years, Facebook has gone from a small single-school (Harvard University) network to an international online community. 500 million people visit the site each month (the only websites that get more hits than Facebook are Google, Microsoft and Yahoo). Facebook is growing at an unprecedented pace, and it's changing the Web. No other social-networking website can make these claims, but then again, no other social-networking websites are constantly being criticized for privacy violations. Could it be that this kind of progress can only be had at the expense of a little personal privacy?
Sources:
http://www.businessinsider.com/well-these-new-zuckerberg-ims-wont-help-facebooks-privacy-problems-2010-5
http://www.facebook.com/press/info.php?statistics
http://techcrunch.com/2010/05/13/the-media-attacks-on-facebook-and-mark-zuckerberg-are-getting-out-of-hand/
http://techcrunch.com/2010/04/25/the-age-of-facebook/
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Jeffrey Neu speaking at LegalTech West Coast June 24, 2010 |
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Written by Jeffrey Neu
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Jeffrey Neu will be speaking at LegalTech West Cost on June 24th, 2010 at 2pm. The panel is entitled "Leveraging Technologies for Better Firm Efficiencies". J. C. Neu and Associates is technology firm which implements the most advanced technologies in keeping the firm efficient, up to date, and also on the cutting edge of technologies deployed. Jeffrey Neu will be discussing the following points:
- Smaller firms = less real estate: Is it time for a virtual firm?
- Making your office paperless
- Record keeping and retention: Options to keep your costs at a minimum
- Acquiring and keeping the technology you need with an eye to the bottom line
If you are in the L.A. area, feel free to drop a line. |
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