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In Large Class Action Copyright Action Against YouTube and Google, Class Action Status is Denied

The Football Association Premier League Limited, et al. v. YouTube, Inc. et al., 1:07-cv-03582.   The plaintiff sought to hold Google liable for millions of works available on YouTube without authorization from the copyright owners.   In this and similar actions, Google maintains that it is protected by the “safe harbor” provision of the Digital Millennium Copyright Act. Judge Stanton called the action a “Frankenstein monster posing as a class action,” finding the class was too large and the interests were too disparate: “Plaintiffs offer no explanation of how the worldwide members of this proposed class are to be identified, how they are to prove copyright ownership by themselves or by their authorized agent, or how they will establish that defendants became aware of the specific video clips which allegedly infringed each of the potentially tens of thousands of musical compositions incorporated into specific videos.”   Read the decision here: The Football Association Premier League v. Google (Mark) For informational purposes only.  Not legal advice.]]]]> ]]>

Road to Nowhere

In Liminae: The Road to Nowhere

It takes us about six hours to drive to the rural state jail (that’s owned by two judges) the Feds contracted with to hold our client. Accused of computer crimes, he can’t effectively review evidence in jail – there’s no practical access to computers in the gulag. They’ve seized all his assets claiming they’re the ill-gotten gains of crimes the government can’t identify, and their computer forensics – if you can call them that – have no scientific basis and are full of basic errors and typos. In my decade as a federal criminal defense lawyer doing computer cases across the country, I’ve never come across a case where the government was so completely off.

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Guilty Until Proven Innocent

A defendant’s view from the trenches of federal criminal court This post is originally published to Substack. You can read and follow us there.

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