World Intellectual Property Review
April.23.2013
This article, about the dismissal of Viacom’s $1 billion copyright infringement lawsuit against Google and YouTube, quotes intellectual property partner Annette Hurst.
Hurst stated that the judge’s dismissal is “well-reasoned and makes a lot of sense.”
“It is a very practical decision that takes into account the reality of how Internet-based businesses operate, and how courts operate. It is not surprising that Viacom says it will file an appeal, since they have now completely lost the case and that is their only potential avenue to improve the outcome,” she added.
If Viacom does file an appeal, Hurst believes the judge’s summary judgment will be affirmed “because the appeals court will also recognize that YouTube cannot be expected to ‘prove a negative.’ The statutory scheme puts the burden on the copyright owner to police its content,” she said.