Viacom (NYSE: VIA) has asked a federal appeals court to reinstate its 2007 copyright infringement claims against YouTube and make sure a different judge hears the case. Federal Judge Louis Stanton of the Southern District of New York has twice dismissed the lawsuit, and each time Viacom has appealed to a higher court.
In a brief filed with the U.S. Court of Appeals for the Second Circuit last week, Viacom argued that Stanton erred in his interpretation of the Digital Millennium Copyright Act and the protections it grants to online service providers.
"Given the protracted nature of this litigation (the case is now well into its seventh year) and the evident firmness of the district court's erroneous views regarding the DMCA, this Court should exercise its discretion to remand the case to a different judge 'to preserve the appearance of justice,'" Viacom argued in the brief.
Stanton granted YouTube's second motion for summary judgment in April over a lack of evidence that YouTube executives were aware the site was hosting the specific clips Viacom sued over.
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