Viacom, FAPL and Amici File Briefs in Viacom v. YouTube Second Circuit Appeal

13 12 2010

By Eric Goldman

[note: all of the briefs referenced in this post are linked in the case library at the bottom of the post]

Viacom and the FAPL have filed their opening appellate briefs in the Second Circuit appeal of Viacom v. YouTube. As Wired and others have pointed out, the standout line from Viacom’s brief was its empirically unsupported assertion that upholding the lower court ruling “would radically transform the functioning of the copyright system and severely impair, if not completely destroy, the value of many copyrighted creations.” Really…? I would find such hyperbole more convincing if Viacom hadn’t acquiesced to YouTube’s behavior post-May 2008 and wasn’t using it extensively today to create substantial value for itself.


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