If a website is full of infringing material posted by third parties, can it still enjoy immunity from copyright infringement claims? Yes! In perhaps the most closely watched case on this subject for the last 15 years, a U.S. court recently awarded YouTube a clear-cut victory.
The court held that the U.S. Digital Millennium Copyright Act (“DMCA”) protects website operators from infringement claims even if they had general knowledge that infringement is “ubiquitous” on their site.
David Mirchin analyzes this case and suggests how Israeli websites may take some tips on how to handle material posted by their users.