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YouTube wins key ruling in class action case

Google and its YouTube video-sharing site won dismissal of some claims for money damages in a proposed class-action copyright infringement lawsuit by England's Football Association Premier League.

In a July 3 ruling by U.S. District Judge Louis Stanton in Manhattan, the group's claim for punitive damages under U.S. copyright law was dismissed, and a claim for statutory damages was mostly dismissed, with an exception for live broadcasts.

"There is no circumstance in which punitive damages are available under the Copyright Act of 1976," Stanton said in the ruling. Statutory damages were dismissed with respect to most "foreign" works that weren't registered in the U.S.

YouTube, bought by Mountain View-based Google for $1.65 billion, was sued in May 2007 for allegedly permitting rampant postings of copyrighted material without permission. A separate lawsuit by Viacom, owner of MTV Networks and Comedy Central, also is pending in the same court.

"The punitive and statutory damages claims dismissed by the court were baseless from the start," Adam Barea, an in-house lawyer for Google, said in an e-mail. "We are very pleased with the court's decision and will continue to vigorously defend against the remaining baseless claims in the case."

YouTube and Google have said their actions are permitted under U.S. copyright law, which allows "fair use" of protected material. They also have argued that the Premier League hasn't done enough on its own to limit illegal postings.

"I don't think this is going to limit our case," said plaintiffs' lawyer Louis Solomon of Proskauer Rose in New York. "It's going to shape how we go about proving damages. We still have all of the other statutory remedies, such as compensatory damages and disgorgement of profit."

Proposed class members can still seek actual damages, and statutory damages will remain available to plaintiffs whose copyrights for live broadcasts were allegedly violated, such as the Premier League, the Scottish Football League and a French tennis association, Solomon said.

"There's a group of our class members for whom statutory damages are very important, because they have live broadcasts, and it's particularly hard for them to capture damages for those," Solomon said. "They still have the right to get statutory damages."Google and its YouTube video-sharing site won dismissal of some claims for money damages in a proposed class-action copyright... more