In early 2007, media giant Viacom demanded that Google take down copyrighted content from YouTube.
Afterwards, Viacom sued the site and its search giant owners for $1.2 billion USD, claiming Google facilitated the uploading the copyrighted videos through YouTube while doing little to deter it.
This week, Google has won the landmark case over the media companies, with a federal judge throwing out the lawsuit.
“Mere knowledge of prevalence of such activity in general is not enough,” writes Judge Louis Stanton. “The provider need not monitor or seek out facts indicating such activity.”
Viacom said it plans to appeal, calling the Judge’s ruling “fundamentally flawed,” as it does not reflect recent Supreme Court decisions.
The media giant is behind such hit channels like MTV and Comedy Central, and also owns the Paramount movie studio. A few of the shows that Viacom alleged were readily available on YouTube, in their entirety, were “The Daily Show with Jon Stewart,” “South Park,” and “SpongeBob SquarePants.”
Google had argued they were entitled to “safe harbor” protection under the DMCA, and it appears that Judge Stanton agreed.
Result for: court decision
The German top court has ruled this week that Internet users must password-protect their Wi-Fi, or face a fine if someone accesses their connection and then downloads music or movies illegally.
Those with unsecured connections face up to a 100 euro fine if “a third party takes advantage” and is then caught doing so.
“Private users are obligated to check whether their wireless connection is adequately secured to the danger of unauthorized third parties abusing it to commit copyright violation,” reads the court decision.
With that being said, the court did say the users were not responsible for the illegal content downloaded by those accessing their unsecured connections.
Additionally, the court said users would only be expected to add a password when they first set up their router, and not need to constantly update to the latest protections as they become available.
The ruling followed a lawsuit filed by a musician who sued an individual user for illegally downloading his music. The user proved he was away on vacation when the music was downloaded, but did admit he had unsecured Wi-Fi.
Result for: court decision
As part of an effort to update patent law, New Zealand legislators have proposed a bill which would make it impossible to patent software. If it becomes law it would no doubt cause friction with US ACTA negotiators, who are pushing to make software patents standard internationally.
Currently they are recognized in just a few countries, including the US and Japan. Ironically there is a good chance that the court decision which started the software patent mess in the US has recently been reinterpreted, potentially invalidating nearly all of them.
Along with business processes, software has been the most controversial patent subject matter for several years. It’s also behind much of the current smartphone patent war. If you own a phone with a touch screen, but not multi-touch, you can thank a software patent for it.
Other notable software patents include Amazon.com’s infamous one-click patent for e-commerce websites and Netflix’s patent on their queue system.
