Written By Kate Zimmermann | April 24, 2007 | Share This |

Today the Electronic Frontier Foundation dismissed a lawsuit against Viacom for misuse of the DMCA. The EFF dropped the case after Viacom admitted that it had erroneously requested the removal from YouTube of a Stephen Colbert parody created by MoveOn.org and Brave New Films. After a lengthy verbal battle, Viacom finally conceded to manually review each video that it requests for removal, and to set up an “email hotline” site for complaints about DMCA misuse. From the EFF press release,

“In the course of discussions with EFF and FUP, Viacom described the steps it endorses for protecting fair use and free expression as it targets copyright infringement on Internet video sites. This includes: manual review of every video that is a potential DMCA takedown target, training reviewers to avoid issuing takedown requests for fair use, and publicly stating that it does not challenge use of Viacom materials that are “creative, newsworthy or transformative” and are “a limited excerpt for non commercial purposes.”

Furthermore, in reaction to the MoveOn/BNF suit, Viacom moved the ball forward for Internet users’ rights. In order to address any similarly erroneous takedown notices in the future, Viacom has agreed to set up a website and email “hotline,” promising a review of any complaint within one business day and a reinstatement if the takedown request was in error.”

In light of these disclosures and commitments — designed to protect the fair use and free speech rights of Internet users who rely on video sharing sites like YouTube — MoveOn and BNF have dismissed their claims against Viacom.”

Though Viacom is not changing its position on the protection of copyrighted material, it’s at least adopting some responsibility for the review of questionable content. As Eli Pariser, Executive Director of MoveOn.org Civic Action, states, “This new endorsement of Internet users’ rights is a victory for the little guy…Online sites like YouTube have revolutionized political expression and can give the little guy an audience of millions for a political point of view. A corporate powerhouse like Viacom must not be allowed to erase political content or muzzle political expression.”

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