X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
LOS ANGELES � A federal judge in Los Angeles has refused to throw out a case against YouTube this week in the first substantive ruling to come out of the recent copyright infringement lawsuits involving video-sharing sites. “There is insufficient evidence regarding YouTube’s knowledge and ability to exercise control over the infringing activity on its site,” wrote U.S. District Judge Florence-Marie Cooper, for the Central District of California, in a July 20 order. Robert Tur v. YouTube Inc., No. 2:2006cv04436 (C.D. Calif.). “There is clearly a significant amount of maintenance and management that YouTube exerts over its website, but the nature and extent of that management is unclear.” The judge also noted that YouTube’s system does not “detect or prescreen” alleged infringing videos. The suit, filed a year ago, involves the owner of a Los Angeles news service, Robert Tur, who alleges his footage of the 1992 Los Angeles riots illegally ended up on YouTube. YouTube sought protection from liability under the “safe harbors” of the Digital Millennium Copyright Act, specifically that its site does not financially benefit from the alleged copyright infringement and does not have control over the alleged infringing activities. But the ruling wasn’t all against YouTube. In a separate order issued the same day, the judge denied Tur’s motion to toss YouTube’s financial benefit defense, noting that “Tur has not presented any evidence to the Court, despite numerous opportunities to do so, that establishes that YouTube had the right and ability to control the alleged infringing activity.” YouTube’s lawyer, David Kramer, a partner at Palo Alto, Calif.-based Wilson Sonsini Goodrich & Rosati, and Francis C. Pizzulli, a solo practitioner in Santa Monica, Calif., who represents Tur, did not return calls.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.