Legal Attack on Online Video Site Could Throttle Innovation with Fears of Litigation
EFF.Org - San Francisco - The Electronic Frontier Foundation (EFF) and a coalition of advocacy groups have asked a federal appeals court to reject attempts to thwart federal copyright law and saddle online communities with new litigation fears in the appeal of Viacom v. YouTube.In an amicus brief filed Thursday, EFF argues that the infringement claims made by Viacom and the other plaintiffs threaten to undermine the "safe harbor" provisions of the Digital Millennium Copyright Act (DMCA) -- safe harbors that have fostered free speech and innovation around the globe. Without the clear legal structure of the DMCA process, companies that host user-generated expression could be hit with potentially massive damage awards, which would encourage over-blocking of content or even the shutdown of services altogether.
"If the DMCA safe harbors are undermined in the way Viacom and the other content companies would like, the free flow of information will be seriously threatened," said EFF Senior Staff Attorney Abigail Phillips. "Communications platforms like YouTube have enabled political and other speech to flourish online. We've all seen the critical role digital communications have been playing in protests across the Middle East. The safe harbors make posting of user-generated content like this possible." Read More
