Wednesday, April 11, 2012

Service providers liability increased in ViaCom appeal

In the long running dispute between YouTube and ViaCom (plus others) sense has prevailed and ViaCom has won a partial victory in having summary judgement waived in the USA.

Of great interest is that the "nothing to do with me Guv'nor" defence (more technically known as lack of actual knowledge) has been significantly narrowed to include willful blindness. The game is therefore up for the ISP's, hosting companies, advertisers and agencies who support pirate activity. Our SnifferDog database suggests very large legacy liabilities sitting in the digital universe.