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In a surprise move, the media group Mediaset, owned by the Italian Prime Minister Silvio Berlusconi, has filed a lawsuit for five hundred million euros against the [popular online media service YouTube. In the suit filed by the company's advokat, Mediaset claims that YouTube has allowed content that is copyrighted and owned by Mediaset to be uploaded and viewed by many people on the website for YouTube. This case may have enormous ramifications for Europe and the rest of the world. Many advokater feel that this is a gray area, because YouTube does remove any videos that are reported as copyrighted. This may help minimize any infringement judgment ordered by the court, because YouTube does have procedures in place to prevent copyrighted material from being uploaded and shown. Advokat Joel Smith, with the law firm Herbert Smith, believes that this area is in need of a test case and this could be it. Unfortunately, courts in different areas of Europe have not ruled consistently on these matters, and this means that this specific case may reach all the way to the European Court of Justice for a definitive answer to these questions.
The advokat for Mediaset filed suit in the domestic civil court accusing the popular website and company YouTube of permitting viewers to access and view copyrighted content in the form of four thousand six hundred and forty three video clips, for a total of over three hundred hours of video, without the copyright holder's authorization or permission. The tricky part comes in because YouTube has policies in place to prevent copyright infringement, including the use of video recognition software that will allow copyright holders to identify any copyrighted material on the site. This software allows individuals and companies to look for and find any copyrighted material that has been uploaded in violation of the copyright. As soon as this material is identified and YouTube is alerted, the material is removed from the site immediately. An advokat for YouTube states that legal action and the costs associated with his action are not necessary, because YouTube takes every step possible to protect the rights of copyright holders. Mediaset also warns that this step is not the only option available, and covers only the material that is copyrighted on YouTube, not any advertising revenues lost because the material was viewed on YouTube instead of the television programs controlled by Mediaset. This could mean more legal action and advokat involvement on this issue as well.
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