Stanford Center for Internet and Society

Stephanie Lenz sued Universal Music Corp. (“Universal”) in the U.S. District Court for the Northern District of California under 17 U.S.C. § 512(f) for misrepresentation pertaining to a DMCA takedown notice issued by Universal in relation to a video clip that Lenz posted on YouTube depicting her child dancing to the Prince song “Let’s Go Crazy,” which Universal owns the rights to. Lenz believed her use of the Prince song constituted fair use. She alleged that Universal did not consider fair use before issuing the takedown notice and therefore had misrepresented that it had done so in the takedown notice. Universal sought a motion to dismiss the case for failure to state a claim upon which relief may be granted. Universal claimed that takedown notice procedures do not require it to consider the fair use doctrine. The Court denied the motion, holding that a copyright owner, in formulating a “good faith belief” that the use of material is not authorized, must consider the fair use doctrine prior to sending a takedown notice. However, the court also indicated that this consideration does not need to be comprehensive.

Lenz v. Universal Music Corp., No. C 07-3783 JF (N.D. Cal. Aug. 20, 2008) (order denying motion to dismiss)

Viacom accused Google's video sharing website, YouTube of violating its copyright in a $1 billion lawsuit. And as of last week, Google and Viacom reached an agreement to allow Google's YouTube to mask important user information from records before the handover to Viacom. Law.com bloggers and co-hosts, J. Craig Williams and Bob Ambrogi welcome Attorney Kevin A. Thompson from the firm Davis McGrath LLC, and Lauren Gelman, Executive Director of Stanford Law School's Center for Internet and Society to discuss this case. They will discuss the legal issues, privacy rights, piracy issues and what this case means for the users, the source of business for these companies.

Earlier this week Google's CEO Eric Schmidt was quoted saying that YouTube is “very close” to turning on a filtering system that should prevent copyright content from being uploaded to the video site. At the moment it is not clear how exactly this filtering system will work.

This is too funny. I had to share it here. Check out Chris Pirillo's comparison of YouTube vs. GoogleVideo vs. Revver. When I do the comparison from my DSL w/ a macbook, it seems like the YouTube and Revver sites load and run fine. The Google Video one (in the middle), however, keeps buffering and stalling... In a