News: Today, we discussed the Viacom v. YouTube case in my copyright class. I use TurningPoint technology that allows me to instantly poll my class through PowerPoint slides. 88% of my class concluded that YouTube falls within the Section 512 safe harbors. That's a very high percentage--indeed, one that I find surprising based on previous votes in my class. In difficult cases, my class tends to split closer to 50/50 or 60/40, as you might expect. But rarely does my class vote in one-sided fashion unless the case is pretty easy -- which isn't exactly how I would characterize the YouTube case. I may have some more discussion with my class on Monday, and if I find anything illuminating about the vote, I'll try to post it.
Analysis: I think the voting technology has made me wonder why copyright defendants do not request jury trials in every single case. I would think a jury increases the chances of the defendant winning in cases with arguable defenses.
Below is Viacom's complaint v. YouTube
I would have my house, my kids could go to college, and I would have a job. Looking to the day when I could retire the rest of the world would not be looking to kill us. What a mess Bill is getting laid McCain made us prisoners of war our economy is destroyed what is next China and Russia OH SHT! No place to hide.
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