A Web site operator’s knowledge of a “generalized practice” of copyright infringement by users of its service is insufficient to deprive it of the protection of the “safe harbor” provided by Section 512(c) of the Digital Millennium Copyright Act, a district court ruled. The court concluded that the references in the statute to “actual knowledge that the material or an activity is infringing” and “facts or circumstances from which infringing activity is apparent,” means that the operator must have “actual or constructive knowledge of specific and identifiable infringements of individual items.”

Viacom International Inc. v. YouTube Inc., 2010 U.S. Dist. LEXIS 62829 (S.D.N.Y. June 23, 2010) Download PDF