一 : Viacom International Inc. v. YouTube, Inc.

www.61k.com
GSS：
关于“事实上知道 或应当知道”对象／范围的分析。［www.61k.com]。。

www.61k.com _International_Inc._v._YouTube,_Inc.

起诉状：
received：Mar 13，2007
连接略。。。

一审：
判决
Decided: June 23, 2010
www.61k.com .com/external_content/untrusted_dlc www.61k.com _decision.pdf

二审：
判决
Decided: April 5, 2012
http://www www.61k.com -cbc2-47e1-95bb-73e8784e413c/1/doc/10-3270_10-3342_opn.pdf#xml=http://www www.61k.com -cbc2-47e1-95bb-73e8784e413c/1/hilite/

OPENING BRIEF FOR PLAINTIFFS-APPELLANTS
www.61k.com -courts/ca2/10-3270/63/0.pdf?ts=1291805420

REPLY BRIEF FOR PLAINTIFFS-APPELLANTS
http://mbar www.61k.com %27s_Reply_Brief_04-28-11.pdf

一审重审：
判决
DATED: April 18, 2013
http://digitalcommons.law.scu.edu/historical/346/
http://digitalcommons.law.scu.edu/cgi www.61k.com ?article=1348&context=historical
www.61k.com _copy.pdf

Summary Judgement
——
In law, a summary judgment (also judgment as a matter of law) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial.
Such a judgment may be issued on the merits of an entire case, or on discrete issues in that case.
Today, summary judgment is governed by Federal Rule 56 of the Federal Rules of Civil Procedure, derived primarily from the three seminal cases concerning summary judgment out of the 1980s. www.61k.com _judgement

Digital Millennium Copyright Act
——
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO).
It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works.
It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself.
In addition, the DMCA heightens the penalties for copyright infringement on the Internet.[citation needed] Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of on-line services for copyright infringement by their users.
The DMCA's principal innovation in the field of copyright, the exemption from direct and indirect liability of internet service providers and other intermediaries, was adopted by the European Union in the Electronic Commerce Directive 2000. The Copyright Directive 2001 implemented the 1996 WIPO Copyright Treaty in the EU.
www.61k.com _Millennium_Copyright_Act

Safe harbor (law)
——
A safe harbor is a provision of a statute or a regulation that specifies that certain conduct will be deemed not to violate a given rule.
It is usually found in connection with a vaguer, overall standard.
For example, in the context of a statute that requires drivers to "not drive recklessly," a clause specifying that "driving under 25 miles per hour will be conclusively deemed not to constitute reckless driving" is a "safe harbor."
Analogously, "unsafe harbors" may be employed to describe conduct that will be deemed to violate the rule. In the above reckless-driving context, a clause saying that "driving over 90 miles per hour will be conclusively deemed to constitute reckless driving" would be an "unsafe harbor."
In this example, driving between 25 miles per hour and 90 miles per hour would fall outside of either a safe harbor or an unsafe harbor, and would thus be left to be judged according to the vague "reckless" standard.
www.61k.com _harbor_(law)

Online_Copyright_Infringement_Liability_Limitation_Act
——Colloquial acronym(s)OCILLA
——Nickname(s)DMCA 512; Safe Harbor

“
By exempting Internet intermediaries from copyright infringement liability provided they follow certain rules, OCILLA attempts to strike a balance between the competing interests of copyright owners and digital users.
”
“
The 1998 DMCA was the U.S. implementation of the 1996 WIPO Copyright Treaty (WCT) directive to “maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information”[1] when updating copyright norms for the digital age.
”
——世界知识产权组织版权条约 提出：平衡保护 作者权利 和 更大范围的公共利益——特别是教育、研究 以及 信息获取方面的公共利益。。。

Red Flags
www.61k.com _Copyright_Infringement_Liability_Limitation_Act

二 : VIACOM简介

VIACOM INC.

Viacom is a leading global media company, with preeminent positions in broadcast and cable television, radio, outdoor advertising, and online. With programming that appeals to audiences in every demographic category across virtually all media, the company is a leader in the creation, promotion, and distribution of entertainment, news, sports, and music. Viacom’s well-known brands include CBS, MTV, Nickelodeon, VH1, BET, Paramount Pictures, Viacom Outdoor, Infinity, UPN, TNN: The National Network, CMT: Country Music Television, Showtime, Blockbuster, and Simon & Schuster.

BROADCAST AND CABLE TELEVISION

The CBS Television Network of more than 200 affiliated stations provides viewers some of the nation’s best entertainment, news, and sports programming. Popular programs include Everybody Loves Raymond, the Late Show with David Letterman, and 60 Minutes. Sports franchises include the NFL and the NCAA Basketball Championship. Daytime drama The Young and the Restless leads a daytime programming lineup that has been No. 1 for more than 12 consecutive years. MTV Networks owns and operates many of the most popular basic cable television programming services, including MTV: Music Television, the world's most widely distributed television

network, reaching 384 million households in 140 territories; Nickelodeon, which is seen in over 300 million households worldwide via localized channels, branded blocks, and individual programs; VH1, with 8 channels reaching over 103 million households around the world; and

TNN, which serves 87 million homes in North America with the tops in pop culture programming. Other services include MTV2, Nick at Nite, TV Land, CMT, and The Digital Suite from MTV Networks. MTVN is also involved in a variety of entertainment businesses that extend its brands, including films, books, online, and consumer products.

BET is comprised of Black Entertainment Television, the largest national cable network serving African Americans, reaching 66 million U.S. households; BET on Jazz: The Jazz Channel, the country's only 24-hour network devoted to jazz music; BET International, which reaches 30

countries in Europe and 36 countries in Africa; BET's publishing unit, BET Books; BET Pictures, which produces made-for-TV movies and documentaries; and BET.com, the leading online destination for African Americans.

Paramount Television is one of the largest suppliers of television programming for the broadcast, first-run syndication, and cable markets, with over 55,000 hours of programming in its library. Its six production units are Paramount Network Television, Viacom Productions, Spelling Television, Big Ticket Television, Paramount Domestic Television, and Paramount International Television. CBS Enterprises is a global leader in distribution. Its domestic syndication arm, King World Productions Inc., sells first-run programming such as Wheel of Fortune, Jeopardy!, and The

Oprah Winfrey Show. Its off-network slate includes the hit CBS series Everybody Loves Raymond.

Outside the U.S., CBS Broadcast International is one of the premier distributors of U.S. network series programming, while its subsidiary King World International Productions is a leader in format sales and local production worldwide.

The United Paramount Network (UPN) reaches more than 86% of U.S. television homes through its affiliated stations, and broadcasts ten hours of original, primetime programming each week. Popular programs include WWF Smackdown! and The Parkers, and, debuting this fall, Buffy the Vampire Slayer, Roswell, and the latest installment in the Star Trek franchise Enterprise. Showtime Networks Inc. (SNI) owns the premium television networks Showtime, The Movie Channel, and FLIX. SNI operates and manages the premium television network Sundance

Channel, which is owned by SNI, Robert Redford, and Universal Studios. SNI also markets and distributes sports and entertainment events for exhibition to subscribers on a pay-per-view basis. The Viacom Television Stations Group consists of 34 television stations, reaching the 15 of the top 20 television markets in the United States. The Group includes 16 owned-and-operated CBS stations and 18 UPN-affiliated stations. The Viacom Television Stations Group includes duopolies in seven major markets, with CBS and UPN stations in Philadelphia, Boston, Dallas, Detroit, Miami, and Pittsburgh.

Comedy Central, the country’s only all-comedy network, is jointly owned by Viacom and HBO and presents the biggest comedy stars from the past and present along with today’s hottest newcomers.

Viacom Plus is the company's integrated sales and marketing arm. The group's mission is to create long-term marketing partnerships that build brands and drive revenue for both clients and the company.

RADIO AND OUTDOOR

Infinity Broadcasting is the radio and outdoor advertising unit of Viacom Inc. Infinity Radio, the unit's radio division, operates over 180 radio stations, the majority of which are in the nation's largest markets.

Viacom Outdoor, Infinity's outdoor advertising division, has properties across North America & Europe including the top 100 markets in the U.S. Infinity also manages and holds an equity position in Westwood One, Inc.

MOTION PICTURES AND THEATRICAL EXHIBITION

Paramount Pictures, one of the original major motion picture studios, has been a leading producer and distributor of feature films since 1912. Its more than 2,500-title library includes Oscar winners such as Forrest Gump, Braveheart, and Titanic (the highest-grossing motion picture of all time) and recent hits Mission: Impossible 2, What Women Want, and Save the Last Dance.

Paramount Home Entertainment, a global leader in the distribution of filmed entertainment on videocassette and DVD, distributes theatrical releases from Paramount Pictures, Paramount

Classics, Nickelodeon Movies, and MTV Films as well as non-theatrical releases both in the U.S. and abroad. Recent successes in the U.S. and Canada include Runaway Bride, Double Jeopardy, and The General’s Daughter on videocassette and DVD.

Famous Players, founded in 1920, is Canada's top-grossing, fastest-growing, and

longest-operating theatrical exhibitor. The Toronto-based company offers audiences the best

possible theatrical film experience through its 102 locations with 884 screens throughout Canada, including theaters in its joint venture with IMAX and its partnership with Alliance Atlantis. United International Pictures (UIP), in which Viacom has a 33% interest, handles general distribution of Paramount Pictures’ films outside the United States and Canada.

United Cinemas International (UCI), a joint venture between Viacom and Universal, operates approximately 868 screens in 104 theaters in the U.K., Ireland, Germany, Austria, Spain, Japan, Italy, Portugal, Poland, Argentina, Brazil, and Panama, and is one of the largest operators of multiplex theaters outside the United States.

Viacom Consumer Products is a leader in the entertainment licensing arena, merchandising properties on behalf of Paramount Pictures, Paramount Television, Viacom Productions, and Spelling Television, as well as third-party properties.

Famous Music Publishing is one of the top ten music publishers in the United States and one of the world's major suppliers of music to all mediums. Its diversified catalog of over 100,000

copyrights spans seven decades and includes music from Oscar-winning motion pictures such as The Godfather, Forrest Gump, and Titanic as well as every genre of contemporary music,

including hits written or recorded by Blondie, Bush, Montell Jordan, Garth Brooks, Ricky Martin, Eric Clapton, Whitney Houston, and Barbra Streisand.

VIDEO

Blockbuster is the world's leading renter of videos, DVDs, and video games with nearly 7,800 stores throughout the Americas, Europe, Asia, and Australia. More than 2 million customers visit a Blockbuster store each day.

INTERNET

The MTVi Group is the world's leading online music entertainment company, featuring a

comprehensive collection of music destinations on the Internet. The MTVi Group's 21 worldwide destinations include MTV.com, VH1.com, and Sonicnet.com. Liberty Digital holds a minority stake in The MTVi Group.

CBS.com and CBSNews.com, CBS's branded online offerings, promote and complement on-air programming, including Survivor, CSI, Everybody Loves Raymond, and 60 Minutes.

Nickelodeon Online is the leading portfolio of kids and parents' destinations, featuring Nick.com, Nickjr.com, nick-at-nite.com, tvland.com, teachers.nick.com, and gas.nick.com.

Viacom Interactive Ventures manages an Internet portfolio that includes equity relationships with over a dozen Web sites, including CBS.MarketWatch.com, CBS.SportsLine.com, Hollywood.com, Switchboard.com, and the free-cash Internet portal iWon.com.

PUBLISHING

Simon & Schuster publishes more than 2,100 titles annually under 38 well-known trade, mass market, children's, and new media imprints. The division published 87 New York Times Best Sellers in 2000, including seven at No.1.

PARKS

Paramount Parks is one of the largest theme park companies in the world and entertains

approximately 13 million visitors annually at its five North American theme parks and interactive attraction Star Trek: The Experience at the Las Vegas Hilton.

三 : VIACOM简介

BROADCAST AND CABLE TELEVISION

The CBS Television Network of more than 200 affiliated stations provides viewers some of the nation’s best entertainment, news, and sports programming. Popular programs include Everybody Loves Raymond, the Late Show with David Letterman, and 60 Minutes. Sports franchises include the NFL and the NCAA Basketball Championship. Daytime drama The Young and the Restless leads a daytime programming lineup that has been No. 1 for more than 12 consecutive years. MTV Networks owns and operates many of the most popular basic cable television programming services, including MTV: Music Television, the world's most widely distributed television

network, reaching 384 million households in 140 territories; Nickelodeon, which is seen in over 300 million households worldwide via localized channels, branded blocks, and individual programs; VH1, with 8 channels reaching over 103 million households around the world; and

TNN, which serves 87 million homes in North America with the tops in pop culture programming. Other services include MTV2, Nick at Nite, TV Land, CMT, and The Digital Suite from MTV Networks. MTVN is also involved in a variety of entertainment businesses that extend its brands, including films, books, online, and consumer products.

BET is comprised of Black Entertainment Television, the largest national cable network serving African Americans, reaching 66 million U.S. households; BET on Jazz: The Jazz Channel, the country's only 24-hour network devoted to jazz music; BET International, which reaches 30

countries in Europe and 36 countries in Africa; BET's publishing unit, BET Books; BET Pictures, which produces made-for-TV movies and documentaries; and BET.com, the leading online destination for African Americans.

Paramount Television is one of the largest suppliers of television programming for the broadcast, first-run syndication, and cable markets, with over 55,000 hours of programming in its library. Its six production units are Paramount Network Television, Viacom Productions, Spelling Television, Big Ticket Television, Paramount Domestic Television, and Paramount International Television. CBS Enterprises is a global leader in distribution. Its domestic syndication arm, King World Productions Inc., sells first-run programming such as Wheel of Fortune, Jeopardy!, and The

Oprah Winfrey Show. Its off-network slate includes the hit CBS series Everybody Loves Raymond.

viacom VIACOM简介

Outside the U.S., CBS Broadcast International is one of the premier distributors of U.S. network series programming, while its subsidiary King World International Productions is a leader in format sales and local production worldwide.

The United Paramount Network (UPN) reaches more than 86% of U.S. television homes through its affiliated stations, and broadcasts ten hours of original, primetime programming each week. Popular programs include WWF Smackdown! and The Parkers, and, debuting this fall, Buffy the Vampire Slayer, Roswell, and the latest installment in the Star Trek franchise Enterprise. Showtime Networks Inc. (SNI) owns the premium television networks Showtime, The Movie Channel, and FLIX. SNI operates and manages the premium television network Sundance

Channel, which is owned by SNI, Robert Redford, and Universal Studios. SNI also markets and distributes sports and entertainment events for exhibition to subscribers on a pay-per-view basis. The Viacom Television Stations Group consists of 34 television stations, reaching the 15 of the top 20 television markets in the United States. The Group includes 16 owned-and-operated CBS stations and 18 UPN-affiliated stations. The Viacom Television Stations Group includes duopolies in seven major markets, with CBS and UPN stations in Philadelphia, Boston, Dallas, Detroit, Miami, and Pittsburgh.

Comedy Central, the country’s only all-comedy network, is jointly owned by Viacom and HBO and presents the biggest comedy stars from the past and present along with today’s hottest newcomers.

Viacom Plus is the company's integrated sales and marketing arm. The group's mission is to create long-term marketing partnerships that build brands and drive revenue for both clients and the company.

RADIO AND OUTDOOR

Infinity Broadcasting is the radio and outdoor advertising unit of Viacom Inc. Infinity Radio, the unit's radio division, operates over 180 radio stations, the majority of which are in the nation's largest markets.

Viacom Outdoor, Infinity's outdoor advertising division, has properties across North America & Europe including the top 100 markets in the U.S. Infinity also manages and holds an equity position in Westwood One, Inc.

MOTION PICTURES AND THEATRICAL EXHIBITION

Paramount Pictures, one of the original major motion picture studios, has been a leading producer and distributor of feature films since 1912. Its more than 2,500-title library includes Oscar winners such as Forrest Gump, Braveheart, and Titanic (the highest-grossing motion picture of all time) and recent hits Mission: Impossible 2, What Women Want, and Save the Last Dance.

viacom VIACOM简介

Paramount Home Entertainment, a global leader in the distribution of filmed entertainment on videocassette and DVD, distributes theatrical releases from Paramount Pictures, Paramount

Classics, Nickelodeon Movies, and MTV Films as well as non-theatrical releases both in the U.S. and abroad. Recent successes in the U.S. and Canada include Runaway Bride, Double Jeopardy, and The General’s Daughter on videocassette and DVD.

Famous Players, founded in 1920, is Canada's top-grossing, fastest-growing, and

longest-operating theatrical exhibitor. The Toronto-based company offers audiences the best

possible theatrical film experience through its 102 locations with 884 screens throughout Canada, including theaters in its joint venture with IMAX and its partnership with Alliance Atlantis. United International Pictures (UIP), in which Viacom has a 33% interest, handles general distribution of Paramount Pictures’ films outside the United States and Canada.

United Cinemas International (UCI), a joint venture between Viacom and Universal, operates approximately 868 screens in 104 theaters in the U.K., Ireland, Germany, Austria, Spain, Japan, Italy, Portugal, Poland, Argentina, Brazil, and Panama, and is one of the largest operators of multiplex theaters outside the United States.

Viacom Consumer Products is a leader in the entertainment licensing arena, merchandising properties on behalf of Paramount Pictures, Paramount Television, Viacom Productions, and Spelling Television, as well as third-party properties.

Famous Music Publishing is one of the top ten music publishers in the United States and one of the world's major suppliers of music to all mediums. Its diversified catalog of over 100,000

copyrights spans seven decades and includes music from Oscar-winning motion pictures such as The Godfather, Forrest Gump, and Titanic as well as every genre of contemporary music,

including hits written or recorded by Blondie, Bush, Montell Jordan, Garth Brooks, Ricky Martin, Eric Clapton, Whitney Houston, and Barbra Streisand.

VIDEO

Blockbuster is the world's leading renter of videos, DVDs, and video games with nearly 7,800 stores throughout the Americas, Europe, Asia, and Australia. More than 2 million customers visit a Blockbuster store each day.

INTERNET

The MTVi Group is the world's leading online music entertainment company, featuring a

comprehensive collection of music destinations on the Internet. The MTVi Group's 21 worldwide destinations include MTV.com, VH1.com, and Sonicnet.com. Liberty Digital holds a minority stake in The MTVi Group.

CBS.com and CBSNews.com, CBS's branded online offerings, promote and complement on-air programming, including Survivor, CSI, Everybody Loves Raymond, and 60 Minutes.

viacom VIACOM简介

Nickelodeon Online is the leading portfolio of kids and parents' destinations, featuring Nick.com, Nickjr.com, nick-at-nite.com, tvland.com, teachers.nick.com, and gas.nick.com.

Viacom Interactive Ventures manages an Internet portfolio that includes equity relationships with over a dozen Web sites, including CBS.MarketWatch.com, CBS.SportsLine.com, Hollywood.com, Switchboard.com, and the free-cash Internet portal iWon.com.

PUBLISHING

Simon & Schuster publishes more than 2,100 titles annually under 38 well-known trade, mass market, children's, and new media imprints. The division published 87 New York Times Best Sellers in 2000, including seven at No.1.

PARKS

Paramount Parks is one of the largest theme park companies in the world and entertains

approximately 13 million visitors annually at its five North American theme parks and interactive attraction Star Trek: The Experience at the Las Vegas Hilton.

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