YOUTUBE LITIGATION HOME STATEMENTS & EVENTS VIACOM PERSPECTIVE NEWS LEGAL FILINGS SUPPORTERS ADDITIONAL RESOURCES

Legal Filings

April 5, 2012

Appeals Court Decision
Remand decision by Judges Cabranes and Livingston
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April 28, 2011

Reply to Google’s Brief
YouTube’s best efforts cannot obscure the key fact at the core of this case: rather than taking reasonably available steps to reduce or eliminate rampant infringement which it knew was going on, YouTube made conscious efforts to avoid obtaining specific knowledge of the infringing clips, and instead “welcomed” that infringement.  And it did so for the simple reason that copyrighted works are popular – causing infringement to be profitable.  The district court’s conclusion that Congress shielded such intentional infringing conduct through a safe harbor designed for innocent service providers cannot withstand scrutiny.  This Court should reverse that judgment and instead grant summary judgment in favor of Viacom.
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December 14, 2010

Summary of Amici Support
A wide of array of parties have voiced their support for Viacom by filing amici briefs with the Court of Appeals - including guilds and unions, musicians, newspapers, magazines, book publishers, technology companies, music companies, content distributors, trade associations, think tanks, public policy groups and leading law professors and economists. In all, nearly 100 parties in 12 amici briefs spoke out to stress the legal, economic and public policy dangers of not protecting copyright in the U.S.
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December 10, 2010 Legal Filings

Publishers Amicus Brief
Brief of amicus curiae that have a deep interest in the legal regime governing intellectual property in digital media in support of plaintiffs. They are Advance Publications, Inc., Association Of American Publishers, Association Of American University Presses, The Associated Press, The Center For The Rule Of Law, Gannett Co., Inc., Icbc Broadcast Holdings, Inc., Institute For Policy Innovation, The Ladies Professional Golf Association, The Mcclatchy Company, The Media Institute, Minority Media & Telecommunications Council, Inc., National Association Of Black Owned Broadcasters, The National Football League, Newspaper Association Of America, Picture Archive Council Of America, Professional Photographers Of America, Radio Television Digital News Association, Rosetta Stone Ltd., The E.W. Scripps Company, Sports Rights Owners Coalition, The Washington Post and Zuffa, Llc.
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Microsoft and Electronic Arts Amicus Brief
Brief of amicus curiae by Microsoft Corporation and Electronic Arts Inc. ("EA") in support of plaintiffs.
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Music Industry Amicus Brief
Brief of amici curiae who are individuals, companies, associations, and organizations that create or whose members create a wide variety of musical compositions and sound recordings. Collectively, Amici represent hundreds of thousands of songwriters, composers, music publishers, recording artists, and others who own millions of copyrights. They Are Broadcast Music, Inc. ("BMI"), American Society Of Composers, Authors And Publishers ("ASCAP"), Sesac, Inc. ("Sesac"), The Society Of Composers And Lyricists ("SCL"), The Association Of Independent Music Publishers ("AIMP"), The Songwriters Guild Of America ("SGA"), The Recording Academy, The Nashville Songwriters Association International ("NSAI"), American Association Of Independent Music ("A2IM"), Music Publishers' Association Of The United States ("MPA"), Lisa Thomas Music Services, LLC, Garth Brooks, Bruce Hornsby, Boz Scaggs, Sting, Roger Waters; Glenn Frey, Don Henley, Timothy B. Schmit, Joe Walsh (The Eagles).
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"MPAA" and "IFTA"® Amicus Brief
Brief of amicus curiae by the Motion Picture Association of America and the Independent Film & Television Alliance® in support of plaintiffs.
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"IIPI" Amicus Brief
Brief of amicus curiae by the International Intellectual Property Institute ("IIPI") in support of plaintiffs. IIPI is an international development organization and think tank dedicated to increasing awareness of intellectual property as a tool for sustainable economic growth.
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"AFTRA" Amicus Brief
Brief of amicus curiae by the American Federation of Television and Radio Artists ("AFTRA"), Directors Guild of America, Inc. ("DGA"), the American Federation of Musicians of the United States and Canada ("AFM") and the Screen Actors Guild, Inc. ("SAG") in support of plaintiffs.
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Economists Amicus Brief
Brief of amicus curiae by professors and scholars in support of plaintiffs. These scholars focus their work on the economic incentives of legal liability rules. They are Matthew L. Spitzer (University of Texas at Austin), John R. Allison (University of Texas at Austin), Robert G. Bone (University of Texas at Austin), Hugh C. Hansen (Fordham University School of Law), Michael S. Knoll (University of Pennsylvania), Reinier H. Kraakman (Harvard Law School), Alan Schwartz (Yale Law School) and Robert E. Scott (Columbia Law School).
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"WLF" Amicus Brief
Brief of amicus curiae by the Washington Legal Foundation ("WLF") in support of plaintiffs. WLF is a non-profit, public interest law and policy center with supporters in all 50 states.
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IP Law Professors Amicus Brief
Brief of amicus curiae by law professors who teach and write about copyright law and Internet law at law schools throughout the United States in support of plaintiffs. They are Howard B. Abrams (University of Detroit Mercy School of Law), Zoe Argento (Roger Williams University School of Law), Bruce E. Boyden (Marquette University Law School), Hugh C. Hansen (Fordham University Law School), William D. Henslee (Florida A&M University College of Law), Connie Davis Powell (Baylor University School of Law) and Tracy L. Reilly (University of Dayton School of Law).
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Law Professors Amicus Brief
Brief of amicus curiae by law professors and scholars who teach and write in the fields of intellectual property law, torts, media law, and related areas of law and economics in support of plaintiffs. They are Ron Cass (Boston University School of Law), Ray Nimmer (University of Houston Law Center) and Stuart Brotman (Harvard Law School).
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Business Software Alliance Amicus Brief
Brief of amicus curiae by the Business Software Alliance ("BSA"), an association of the world's leading software companies and their hardware partners, in support of plaintiffs.
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CBS Amicus Brief
Brief of amicus curiae by CBS Corporation ("CBS"), a creator and distributor of many of the nation's most popular television programs and other content, in support of plaintiffs.
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December 3, 2010 Legal Filing

Viacom's Appeal
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August 11, 2010 Legal Filing

Viacom's Notice of Appeal
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June 23, 2010 Decision

Summary Judgment Opinion and Order of Judge Louis Stanton
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June 23, 2010 Legal Filings

Viacom's Reply Memorandum Of Law in Support of Viacom's Motion for Partial Summary Judgment
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Viacom's Reply to Defendants' Counterstatement to Viacom's Statement of Undisputed Facts
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Viacom's Evidentiary Objections to Portions of Declarations Submitted in Support of Defendants' Opposition
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View Exhibits

May 21, 2010 Legal Filings

Viacom's Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment
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Viacom's Counter-Statement
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Viacom's Supplemental Counter-Statement
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Viacom's Evidentiary Objections
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Declaration of Scott B. Wilkens
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Declaration of Susan J. Kohlmann
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May 10, 2010 Legal Filings

"ASCAP" Amicus Brief
Brief of amicus curiae by American Society of Composers, Authors and Publishers, Broadcast Music, Inc., Sesac, Inc., Disney Enterprises, Inc., NBC Universal, Inc., Warner Bros. Entertainment Inc., Association of American Publishers, Center for the Rule of Law, Institute for Policy Innovation, the Media Institute, Picture Archive Council of America, Professional Photographers of America, Rosetta Stone Ltd., and Zuffa, LLC in support of plaintiffs. Download Brief (PDF)

Washington Legal Foundation Amicus Brief
Brief of amicus curiae by Washington Legal Foundation in support of plaintiffs. Download Brief (PDF)

"AFTRA" Amicus Brief – 5/10/2010
Brief of amicus curiae by American Federation of Television and Radio Artists, Directors Guild of America, International Alliance of Theatrical Stage Employees, and Screen Actors Guild in support of plaintiffs. Download Brief (PDF)

March 18, 2010 Legal Filings

Viacom Summary Judgment Motion
Plaintiffs Viacom International Inc. et al. ("Viacom") move for partial summary judgment on Defendants' liability for copyright infringement and concurrently to invalidate Defendants' reliance on the Digital Millennium Copyright Act ("DMCA") as a defense to that infringement. The starting point for this motion is this undisputable fact: tens of thousands of videos on YouTube, resulting in hundreds of millions of views, were taken unlawfully fiom Viacom's copyrighted works without authorization. Statement of Undisputed Facts ("SUF") lfl 6-9. Fostering and countenancing this piracy were central to YouTube's economic business model. The fundamental issue is whether Defendants are liable for that intentional infringement of copyrights or whether, alternatively, they may hide behind a policy of willful blindness and seek to shift responsibility to clean up their site to victimized content owners like Viacom. Under both common and statutory law, the answer is clear: Defendants are liable for the rampant infringement they have fostered and profited from on YouTube. Once summary judgment is entered, trial will be dramatically shortened, focusing on assessing damages arising from Defendants' policies of hosting and benefiting from massive copyright infringement. Download Full Summary (PDF)

Viacom Statement of Undisputed Facts
Pursuant to Local Civil Rule 56.1, Viacom submits the following Statement of Undisputed Facts in Support of its Motion for Partial Summary Judgment on Liability and Inapplicability of the Digital Mi1ennium Copyright Act Safe Harbor Defense. Download Full Statement (PDF)

Summary Judgment Exhibits
Hohengarten Declaration and 388 exhibits referenced in Viacom's Memorandum of Law and Viacom's Statement of Undisputed Facts in Support of Viacom's Motion for Partial Summary Judgment.

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August 9, 2007 Legal Filing

Viacom YouTube Rule 16(b) Scheduling Order Download Court Order (PDF)

May 4, 2007 Legal Filing

Viacom – NBC Universal Amicus Brief
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April 30, 2007 Legal Filing

Defendants' Answer and Demand for Jury Trial
Viacom's complaint in this action challenges the careful balance established by Congress when it enacted the Digital Millennium Copyright Act. The DMCA balances the rights of copyright holders and the need to protect the internet as an important new form of communication. By seeking to make carriers and hosting providers liable for internet communications, Viacom's complaint threatens the way hundreds of millions of people legitimately exchange information, news, entertainment, and political and artistic expression. Google and YouTube respect the importance of intellectual property rights, and not only comply with their safe harbor obligations under the DMCA, but go well above and beyond what the law requires. Download Full Response (PDF)

March 12, 2007 Legal Filing

Viacom YouTube Federal Complaint Download Complaint (PDF)