The Second Circuit’s recent decision in Viacom International Inc. v. YouTube Inc., No. 10-3270-cv (April 5, 2012) takes on the scope of the liability that an Internet service provider may have for copyright infringement by its users liability that, in the Viacom case, may run as high as a billion dollars.
The scope of an Internet service provider’s liability for copyright infringement on its network is defined by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. The DMCA is meant to provide certainty to Internet service providers regarding their potential liability for copyright infringement taking place on their networks by setting forth certain statutory criteria that, if met, provide a safe harbor from liability for money damages.
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