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Copyright infringement

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Copyright Infringement Pushin': Google, Youtube, And Viacom Fight For Supremacy In The Neighborhood That May Be Controlled By The Dmca's Safe Harbor Provision, William Henslee Jan 2011

Copyright Infringement Pushin': Google, Youtube, And Viacom Fight For Supremacy In The Neighborhood That May Be Controlled By The Dmca's Safe Harbor Provision, William Henslee

Journal Publications

No longer does it seem that a copyright infringer is "anyone who violates any of the exclusive rights of the copyright owner." Now, one who uses the copyrighted material without the permission of the owner is not an infringer until the court decides that the infringer has gone too far in appropriating content that he or she did not create. This new world order was most recently challenged in Viacom International Inc. v. YouTube, Inc. This Article will explore why the Viacom/YouTube litigation should be the case that reestablishes the rights of copyright owners and clarifies the seemingly disparate views …


Money For Nothing And Music For Free? Why The Riaa Should Continue To Sue Illegal File-Sharers, William Henslee Jan 2009

Money For Nothing And Music For Free? Why The Riaa Should Continue To Sue Illegal File-Sharers, William Henslee

Journal Publications

The Recording Industry Association of America ("RIAA") has sued over 35,000 people for illegal file-sharing music, or uploading and downloading music. The RIAA has sued anyone under its "making available" theory, or anyone who offers to distribute copyrighted music without the owner's consent. However, the United States Circuit Courts of Appeals are split on whether copyright infringement occurs when a file is "made available" or when there is actual dissemination of a file. Due to this split, the RIAA has negotiated deals with internet service providers to penalize individuals who illegally share files. This article analyzes a recent decision, Capitol …