This week in Other Barks & Bites: the Court of Justice of the European Union rules that criminal sentencing for trademark infringement cannot be disproportionate to the offense committed; the Federal Circuit affirms several Patent Trial and Appeal Board (PTAB) decisions invalidating VirnetX patent claims; and more.
On Thursday, Business Casual Holdings LLC filed a complaint in the Southern District of New York against YouTube LLC, Google LLC, and Alphabet Inc. for
YouTube Sued for Allegedly Inadequate DMCA Repeat-Infringer Policy
6 hours ago
On Thursday, Business Casual Holdings LLC filed a complaint in the Southern District of New York against YouTube LLC, Google LLC, and Alphabet Inc. for their allegedly inadequate repeat-infringer policy as required by law.
According to the complaint, the defendants failed “to maintain and reasonably implement a repeat-infringer policy as required by the Digital Millennium Copyright Act (‘DMCA’).” The plaintiff averred that, in order to qualify for safe harbor protections under the DMCA, a service provider such as YouTube must meet certain criteria. For example, §512 of the DMCA “includes a requirement that a service provider seeking shelter in the DMCA’s safe harbor provision must have ‘adopted and reasonably implemented … a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider’s system or network who are repea