WINNING THE BATTLE, BUT LOSING THE WAR: WHY THE SECOND CIRCUIT'S DECISION IN VIACOM INT'L, INC. v. YOUTUBE, INC. IS A LANDMARK VICTORY FOR INTERNET SERVICE PROVIDERS

摘要

It is in content owners' best interests to negotiate fair licensing contracts with Providers rather than attempting to shut down these largely influential and substantially non-infringing websites through the courts. YouTube's licensing agreements with Universal, CBS Corporation, and Warner Music, Inc. demonstrate its willingness to work with content owners to create a user-generated content website that satisfies user demands, compensates copyright owners, and diminishes online infringement. Only through cooperation and compromise can Providers and content owners find a solution to the host of legal issues that have plagued copyright law since the advent of the digital age.