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WSJA judge's order dismissing an infringement lawsuit against Google Inc.'s YouTube last year should be overturned because it endangers the rights of owners of television shows and other copyrighted materials, a lawyer for Viacom Inc. said Tuesday.
Viacom is seeking to revive its lawsuit against YouTube over alleged unauthorized posting of Viacom content on the video-sharing site between 2005 and 2008. The Viacom content included a number of popular shows, including Comedy Central's "The Daily Show" and "The Colbert Report."
A district court judge in June 2010 agreed that YouTube was protected from infringement claims because the site moved to remove copyrighted material swiftly as soon as it was notified, using a "safe harbor" provision under the Digital Millennium Copyright Act, a federal law. The judge granted summary judgment to YouTube in the case, as well as in separate lawsuit brought against the video site, also in 2007, by professional soccer league The Football Association Premier League Ltd.
The decision, if it remains in place, "will lead to the vast exploitation of material on the Internet," said Paul Smith, a Viacom lawyer, before the U.S. Second Circuit Court of Appeals on Tuesday.
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