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IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

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5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

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9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

The Politicization Of The US Patent System

The Washington Post story, How patent reform’s fraught politics have left USPTO still without a boss (July 30), is a vivid account of how patent reform has divided the US economy, preempting a possible replacement for David Kappos who stepped down 18 months ago. The division is even bigger than portrayed. Universities have lined up en masse to oppose reform, while main street businesses that merely use technology argue for reform. Reminiscent of the partisan divide that has paralyzed US politics, this struggle crosses party lines and extends well beyond the usual inter-industry debates. Framed in terms of combating patent trolls through technical legal fixes, there lurks a broader economic concern – to what extent ordinary retailers, bank, restaurants, local banks, motels, realtors, and travel agents should bear the burden of defending against patents as a cost of doing business.


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    Court Issues Decision On Intermediary Liability In Viacom v. YouTube

    Published on 5 April 2012 @ 7:47 pm

    By , Intellectual Property Watch

    Today, a US appellate court released its decision in a key case in which rights holders asserted that online video site YouTube should be liable for copyright infringing content appearing on its site. According to a preliminary reading, the appeals court reversed the earlier decision, signalling that YouTube, owned by Google, could have known about infringing content and therefore may not fit under the safe harbor clause of the US Digital Millenniumn Copyright Act limiting the liability of online service providers.

    The case, Viacom International, Inc. et al v. YouTube, Inc., was decided today by the US Court of Appeals for the Second Circuit. It also involves the same case brought by The Football Association Premier League Ltd et al. The decision is available here.

    The case appears to be now headed back to the lower court.

    The appeals court decision states:

    “Appeal from the judgment of the United States District Court for the Southern District of
    New York (Louis L. Stanton, Judge), granting summary judgment to the defendants-appellees on all
    claims of direct and secondary copyright infringement based on a finding that the defendants-
    appellees were entitled to safe harbor protection under the Digital Millennium Copyright Act
    (“DMCA”), 17 U.S.C. § 512. Although the District Court correctly held that the § 512(c) safe
    harbor requires knowledge or awareness of specific infringing activity, we vacate the order granting
    summary judgment because a reasonable jury could find that YouTube had actual knowledge or
    awareness of specific infringing activity on its website. We further hold that the District Court erred
    by interpreting the ‘right and ability to control’ infringing activity to require ‘item-specific’
    knowledge. Finally, we affirm the District Court’s holding that three of the challenged YouTube software functions fall within the safe harbor for infringement that occurs ‘by reason of’ storage at
    the direction of the user, and remand for further fact-finding with respect to a fourth software
    function.”

    The copyright holders had alleged copyright infringement stemming from “the public performance, display, and reproduction of approximately 79,000 audiovisual ‘clips’ that appeared on the YouTube website between 2005 and
    2008,” and are seeking damages.

    Reactions are beginning to appear.

    A Viacom spokesperson sent the following comment: “We are pleased with the decision by the US Court of Appeals. The Court delivered a definitive, common sense message – intentionally ignoring theft is not protected by the law.”

    Sherwin Siy, deputy legal director for online civil liberties group Public Knowledge, issued the following statement:

    “We are pleased with the Appeals Court ruling. The Court upheld the basic principles of the Digital Millennium Copyright Act (DMCA). Crucially, the Court rejected Viacom’s attempt to create a new duty of those hosting content to monitor actively for infringement in order to qualify for the law’s safe-harbor provisions. The Court upheld the need for knowledge of specific instances of infringement in the DMCA, and that a general awareness of possible infringement is not sufficient.”

    Siy’s full blog post is here.

    William New may be reached at wnew@ip-watch.ch.

     


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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