Viacom International is getting a second shot at proving that Google’s YouTube massively infringed its copyrights by hosting clips from shows like The Daily Show and Family Guy without its permission. And whether Viacom and its lawyers succeed or not, they’ve already managed to shape the developing case law over copyrighted content that users illegally upload to the internet.
On Thursday the U.S. Court of Appeals for the Second Circuit reversed a 2010 decision granting Google summary judgment in the $1 billion case. The appellate court determined that that “a reasonable jury could find that YouTube had actual knowledge or awareness of specific infringing activity on its website.” But Viacom’s lawyers are going to have to overcome a high bar to sway a jury that Google isn’t entitled to safe harbor protection under the Digital Millennium Copyright Act for copyrighted content that YouTube agreed to remove.
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