Matches in DBpedia 2014 for { ?s ?p Ouellette v. Viacom, CV 10–133–M–DWM–JCL; 2011 WL 1882780, found the safe harbor provision of the Digital Millennium Copyright Act (DMCA) did not create liability for service providers that take down non-infringing works (works having a fair use defense to copyright infringement). This case limited the claims that can be filed against service providers by establishing immunity for service providers' takedown of fair use material, at least from grounds under the DMCA. The court left open whether another "independent basis of liability" could serve as legal grounds for an inappropriate takedown. Thus, service providers can rest easier knowing that they do not have to do a fair use analysis of content suspected of infringing copyright.The court's opinion was also noteworthy in its treatment of the American Disabilities Act (ADA). The court held that online service providers would not be held liable for failure to provide services for disabled persons unless the company maintained a physical structure equivalent to the website. The order enforcing this magistrate judge's determination came out the same day as Young v. Facebook on May 17, 2011. In oddly parallel decisions, each court found that the service providers (Myspace, YouTube, and Facebook) were not places of public accommodation, so they did not have to meet the requirements of the ADA. Thus, a company does not have to worry about its website being accessible to the disabled, unless its online business replicates a physical space.. }
Showing items 1 to 1 of
1
with 100 items per page.
- Ouellette_v._Viacom_International_Inc. abstract "Ouellette v. Viacom, CV 10–133–M–DWM–JCL; 2011 WL 1882780, found the safe harbor provision of the Digital Millennium Copyright Act (DMCA) did not create liability for service providers that take down non-infringing works (works having a fair use defense to copyright infringement). This case limited the claims that can be filed against service providers by establishing immunity for service providers' takedown of fair use material, at least from grounds under the DMCA. The court left open whether another "independent basis of liability" could serve as legal grounds for an inappropriate takedown. Thus, service providers can rest easier knowing that they do not have to do a fair use analysis of content suspected of infringing copyright.The court's opinion was also noteworthy in its treatment of the American Disabilities Act (ADA). The court held that online service providers would not be held liable for failure to provide services for disabled persons unless the company maintained a physical structure equivalent to the website. The order enforcing this magistrate judge's determination came out the same day as Young v. Facebook on May 17, 2011. In oddly parallel decisions, each court found that the service providers (Myspace, YouTube, and Facebook) were not places of public accommodation, so they did not have to meet the requirements of the ADA. Thus, a company does not have to worry about its website being accessible to the disabled, unless its online business replicates a physical space.".