Viacom International, Inc. v. Youtube, Inc.

Filing 491

ORDER, dated 10/25/2011, parties are to submit letter briefs, defendants response due 11/01/2011, and plaintiffs response due 11/08/2011 FILED.[427766] [10-3270]

10-3270-cv Viacom Int’l, Inc. v. YouTube, Inc. 10-3342-cv Football Ass’n Premiere League Ltd. v. YouTube, Inc. United States Court of Appeals FOR THE SECOND CIRCUIT At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 25th day of October, two thousand eleven, Viacom Int’l, Inc., et al., Plaintiffs-Appellants, v. No. 10-3270-cv YouTube, Inc., et al., Defendants-Appellees. Football Ass’n Premiere League Ltd., et al., Plaintiffs-Appellants, v. No. 10-3342-cv YouTube, Inc., et al., Defendants-Appellees. The parties are hereby ordered to submit letter briefs, not exceeding ten pages doublespaced, on the following questions: (1) whether and how the red-flag knowledge provision would apply under the Defendants’ “specific” knowledge construction of § 512(c)(1)(A); and (2) whether YouTube’s “syndication” of videos to third parties falls outside the scope of safe harbor protection for activities that occur “by reason of . . . storage at the direction of a user” under § 512(c)(1). Defendants shall submit a written response to the above questions no later than Tuesday, November 1, 2011, at 5:00 p.m. Plaintiffs shall submit a consolidated response no later than Tuesday, November 8, 2011, at 5:00 p.m. FOR THE COURT: Catherine O’Hagan Wolfe, Clerk 2