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Viacom Int'l, Inc. v. YouTube, Inc., 253 F.R.D. 256 (S.D.N.Y. 2008).
Factual Background Edit
Trial Court Proceedings Edit
It then moved on to the question of whether the SCA permitted such disclosure. Viacom argued that users who posted videos on YouTube have authorized disclosure of those videos under §2702(b)(3), which allows the provider to "divulge the contents of a communication . . . with the lawful consent of . . . the subscriber."
The court, however, permitted Viacom access to non-content data such as "the number of times each video has been viewed on YouTube.com or made accessible on a third-party website through an 'embedded' link to the video."