Re:YouTube: filmmakers presumed guilty until maybe proven in...
by jasode on Monday October 18, 2021 @03:45PM
(#28910616)
>, then their only recourse is to file a lawsuit against the uploader (not against Google, as Google has done their duty under the safe harbor provisions).
Your assessment is incorrect for the legal options a DMCA claimant will use and doesn't match how previous legal proceedings actually played out.
E.g. Viacom still filed a lawsuit against Google because they disputed that 'safe harbor' applied Youtube.[1]
Google did settle with Viacom (helped by offering ContentID as a tool) but they didn't win any definitive court ruling on "safe harbor" that makes Google lawsuit-proof in the future.
Your assessment is incorrect for the legal options a DMCA claimant will use and doesn't match how previous legal proceedings actually played out.
E.g. Viacom still filed a lawsuit against Google because they disputed that 'safe harbor' applied Youtube.[1]
Google did settle with Viacom (helped by offering ContentID as a tool) but they didn't win any definitive court ruling on "safe harbor" that makes Google lawsuit-proof in the future.
[1] Example articles from 1st page of results: https://www.google.com/search?q=viacom+lawsuit+google+%22saf...
https://www.finnegan.com/en/insights/blogs/incontestable/goo....
https://arstechnica.com/tech-policy/2014/03/viacom-and-googl...