From the point of view as a law school student, it is difficult for Youtube to immunize their liability of copyright infringement under the DMCA §512.
It is because the emails among Youtube founders show their actual knowledge.
On the other hand, from the point of view as a business person, this case never denies the economic value of Youtube regardless of the outcome of this case.
In other words, uploading files on Youtube is worth for promotion and advertisement.
In fact, Nintendo and Nike used Youtube as a promotion tool for their products.
In addition, Sony Music Entertainment Inc. set up a partnership with Youtube regarding use of musical works and videos.
These facts indicate that Copyright law is one of triggers to have an appropriate business relationship.
Therefore, if the DMCA renewed based on the outcome of this case, the revision should include new system to balance interests of copyright holders and Youtube and to utilize its economic value.
One of my ideas is Youtube should have a reporting liability of uploading records to copyright holders after receiving a first takedown notice. Its purpose is to balance management liability between copyright holders and Youtube.
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