Judge rules in favor of YouTube over Viacom

Viacom’s US$1 billion copyright infringement lawsuit against Google’s video-sharing site YouTube has been dismissed by the court, ending for now an acrimonious legal battle between the companies that has been going on for more than three years.

On Wednesday, Judge Louis L. Stanton, of the U.S. District Court for the Southern District of New York, granted Google’s motion for summary judgment.

“This is an important victory not just for us, but also for the billions of people around the world who use the web to communicate and share experiences with each other. We’re excited about this decision and look forward to renewing our focus on supporting the incredible variety of ideas and expression that billions of people post and watch on YouTube every day around the world,” wrote Kent Walker, Google vice president and general counsel, in an official blog post.

Viacom hit Google in March 2007 with a $1 billion lawsuit over what it described as widespread and willful infringement of Viacom’s movies, TV shows and other content on YouTube.

Google, which had bought YouTube in October 2006 for $1.65 billion, defended itself by arguing that YouTube complies with the requirements in the Digital Millennium Copyright Act (DMCA) to remove infringing material upon owners’ requests.

Judge Stanton agreed with Google’s argument, noting that when YouTube received “specific notice” of an infringing item, “they swiftly removed it,” he wrote in his 30-page decision. “It is uncontroverted that all the clips in [the] suit are off the YouTube website, most having been removed in response to DMCA takedown notices,” Stanton wrote.

Viacom, unsurprisingly, wasn’t pleased with the ruling, calling it “fundamentally flawed” and at odds with the DMCA, the U.S. Congress and the U.S. Supreme Court. Viacom intends to appeal to the U.S. Court of Appeals for the Second Circuit.

“After years of delay, this decision gives us the opportunity to have the Appellate Court address these critical issues on an accelerated basis. We look forward to the next stage of the process,” reads Viacom’s statement.

The case has been closely followed as a litmus test of U.S. copyright law in the Internet age, and of U.S. courts’ interpretation of the DMCA.

There’s a consensus that the way the case is eventually settled, whether at the appellate level or in the Supreme Court, will be key to how digital content is published and shared on the Internet.

Siding with Viacom are media and entertainment companies that feel that their expensively produced content — articles, books, television shows, movies — is being pirated by and profited from by sites like YouTube.

On the other side are those sympathetic to YouTube, who say that content owners need to adapt to today’s reality of widespread digital sharing and copying, find ways to exploit and benefit from this, and make use of the DMCA’s provisions to exercise their rights.

Eric Goldman, associate professor of law at Santa Clara University’s School of Law, agreed with the ruling but was still surprised with the certainty and clarity with which the judge articulated his decision.

“It was a very clean ruling for YouTube. The court didn’t really waffle very much on YouTube’s lack of liability,” Goldman said. “Some of the other cases we’ve seen in this area have been much more equivocal.”

However, there’s no guarantee that an appellate court will hold the same view, he said. “This court I think got it right, but funny things can happen on appeal, you never really know,” said Goldman, who is also director of the Santa Clara University Law School’s High Tech Law Institute.

In the meantime, this decision is likely to be very influential in other similar cases, because the judge was so unequivocal in his ruling and because the case pitted two very determined and well-funded players battling it out, Goldman said.

Digital pirates shouldn’t find validation for blatant copyright infringement in this ruling, said industry analyst Greg Sterling from Sterling Market Intelligence.

“Some could think that this gives license to copyright violators to steal with impunity and I don’t think that’s true,” Sterling said.

In fact, Google has become quite strict and vigilant about infringement on YouTube, developing tools that automate and expedite the flagging of copyright video and music, he said. “Rightsholders are protected in ways they may not have been in the early days,” Sterling said.

Crash truckie to serve 6 months

A 24-year-old man has been sentenced to three years prison for killing a woman in a horrific traffic accident in Darwin’s rural area.

In June last year, Geoffrey Ross Hamilton was the driver of a three-carriage roadtrain.

He ran a red light at an intersection in Coolalinga and ploughed into a car, instantly killing 20-year-old dental nurse Karlee McCullough.

A short time later, Dale Stanton, who was directing traffic around the crash site was fatally hit by another car.

In sentencing, Justice Trevor Olsson said a lapse in concentration and faulty judgement had led to the crash.

Hamilton was sentenced to three years jail, suspended after he serves six months

He has also had his driver’s licence disqualified for a year.

Water flows into Lake Boga

Ten-thousand megalitres of water finished flowing into the dry bed of Lake Boga yesterday morning.

The decision to allow water into the lake came without notice midway through March and residents complained it did not allow the lake bed to be properly prepared.

Goulbourn Murray Water’s Ross Stanton says recent rain of about 10 millimetres did not make much of an impact.

“It reduces the evaporation a little bit while it’s raining but we had most of the water in by the time it rained in this last event … the previous event before we started filling would have helped considerably, it would have wet the bottom of the lake before we actually started those flows,” he said.

Hope for posters to aid missing man search

Posters of a missing man will be distributed in the New South Wales Southern Highlands after concerns were raised by the man’s father.

Ian Stanton was last seen seven years ago.

He was living in an apartment above a newsagency in Bundanoon. His father, Norm Stanton, says his son had drug and mental health issues but was in good spirits just before his disappearance.

Earlier this month, Mr Stanton spoke to the national media regarding an Australian Federal Police campaign to circulate age-enhanced images of his son.

But he is concerned that none of the posters had been circulated locally.

Police from the Goulburn local area command have confirmed that they have received posters of Ian Stanton and will circulate them in the Southern Highlands this week.

His father is hoping the images will lead to further information.

Twilight author Stephenie Meyer accused of plagiarism

London, Aug 21 (ANI): Twilight author Stephenie Meyer has been accused of plagiarism by an American woman.

Jordan Scott has alleged that the 2008 novel Breaking Dawn has a “striking and substantial similarity” to her 2006 fantasy The Nocturne.

She has now sent a cease and desist letter to the publishers of the fourth book in the hit Twilight series.

Scott has also filed a lawsuit to stop the sale of the novel and seek damages, reports the Daily Express.

According to TMZ.com, Scott notes in legal document that the two texts “show striking, articulable and substantial similarities in the… plot lines, themes, dialogue, mood, setting, pace, characters, sequence of events (and) ideas.”

Another argument is that the new book is a “significant literary departure from (Meyer’s) early books” and appears to be “written by a teenager” – just as Jordan’s novel does, as she started writing it when she was just 15.

However, Meyer insists that the charges are “completely without merit.”

This is not just the first time that Meyer has been accused of plagiarism.

Her former college roommate Heidi Stanton had filed a lawsuit earlier this year claiming that the hit series was based on a short story she wrote while both of them studied at Brigham Young University, Utah. (ANI)

New Moon filming halted over ‘plagiarism lawsuit’

London, Apr 21 (ANI): Filming of ‘Twilight’ sequel ‘New Moon’ has reportedly been put on hold, as its author Stephenie Meyer faces a plagiarism lawsuit over the vampire franchise.

‘Twilight’, which was filmed in 2008, starring Robert Pattinson, became a major international hit and its sequel ‘New Moon’, currently being shot in Canada, followed.

But now production on the second film has reportedly been halted after it emerged that Meyer is facing a lawsuit filed by her former college roommate.

As per I’mnotobsessed.com, Heidi Stanton, who studied alongside Meyer at Brigham Young University, Utah, claims that the vampire books are similar to a short story she wrote when she was a student there.

Stanton filed her lawsuit against Meyer in Utah on April 14, alleging idea infringement.

“Quite frankly, I was shocked when I began watching the movie with my husband last week. I immediately told him that she got that idea from me! I wrote a fictional short story with the same ideas when we were in college together,” the Daily Star quoted Stanton as stating in the papers.

Meyer has, on the other hand, claimed that the idea for her popular series came to her in a dream in 2003 and she completed the first novel three months later.

The website has reported that the lawsuit has cast doubt on the movie, and now its production has been “put on hold” until the case is resolved.

New Moon is scheduled for release at the end of the year. (ANI)

REFILE-Judge rules Madoff can be pushed into bankruptcy

NEW YORK, April 10 (Reuters) – Victims of Bernard Madoff may be allowed to push the swindler behind a purported $65 billion Ponzi scheme into bankruptcy, a federal court judge ruled on Friday.

Despite objections from federal prosecutors, the U.S. Securities and Exchange Commission and the Trustee for the Liquidation of Bernard L Madoff Investment Securities LLC, U.S. District Court Judge Louis Stanton ruled that the alleged victims may go after Madoff’s assets that were not proceeds from his crimes.

The judge, of the Southern District of New York in Manhattan, said the U.S. bankruptcy code is the best and most experienced system to deal with the claims against Madoff’s assets, excluding those that prosecutors may force him to forfeit as proceeds from a crime.

“A Bankruptcy Trustee has direct rights to Mr. Madoff’s individual property, with the ability to maximize the size of the estate available to Mr. Madoff’s creditors through his statutory authority to locate assets, avoid fraudulent transfers and preserve or increase the value of the assets through investment or sale,” Stanton wrote in his opinion.

Madoff has pleaded guilty to masterminding Wall Street’s biggest ever investment swindle, involving as much as $65 billion in client funds. He could be ordered to prison for the rest of his life when sentenced in June. (Reporting by Ilaina Jonas; Editing by Jan Paschal)

UPDATE 1-Judge rules Madoff can be pushed into bankruptcy

(adds newspaper story on $790 million in fees earned by firms)

NEW YORK, April 10 (Reuters) – Victims of Bernard Madoff may be allowed to push the swindler behind a purported $65 billion Ponzi scheme into bankruptcy, a federal court judge ruled on Friday.

Despite objections from federal prosecutors, the U.S. Securities and Exchange Commission and the Trustee for the Liquidation of Bernard L Madoff Investment Securities LLC, U.S. District Court Judge Louis Stanton ruled that the alleged victims may go after Madoff’s assets that were not proceeds from his crimes.

The judge, of the Southern District of New York in Manhattan, said the U.S. bankruptcy code is the best and most experienced system to deal with the claims against Madoff’s assets, excluding those that prosecutors may force him to forfeit as proceeds from a crime.

“A Bankruptcy Trustee has direct rights to Mr. Madoff’s individual property, with the ability to maximize the size of the estate available to Mr. Madoff’s creditors through his statutory authority to locate assets, avoid fraudulent transfers and preserve or increase the value of the assets through investment or sale,” Stanton wrote in his opinion.

Madoff has pleaded guilty to masterminding Wall Street’s biggest ever investment swindle, involving as much as $65 billion in client funds. He could be ordered to prison for the rest of his life when sentenced in June.

Separately, firms that sent investors’ money to Madoff took in $790 million in fees and investors and authorities are trying to recover the money, according to The Wall Street Journal.

Banco Santander SA (SAN.MC), one of the biggest so-called “feeders” to Madoff, earned $52.7 million in investment manager’s fees in 2007 and $43.3 million in 2006, the newspaper said in a story posted on Friday on its website.

Fairfield Greenwich Group, which was the biggest feeder fund, may have earned $400 million from 2005 to 2008 based on a lawsuit against the company filed by Massachusetts securities regulators, the newspaper said. (Reporting by Ilaina Jonas; Editing by Jan Paschal)