Studios win again in fight over user content: “safe harbors” not so safe, websites find

The long-running court battles between content owners and websites like YouTube often resembles the trench warfare of World War I: two sides engage in years of fighting at incalculable cost, and barely gain any ground. In recent months, however, one side -- the movie and music studios -- appears to have moved forward a few inches thanks to courts’ newfound willingness to invoke a “red flag” rule that makes websites accountable for copyright infringement committed by their users.

The rule, known as “red flag knowledge” is helping studios chip away at a so-called safe harbor law that is intended to prevent copyright law from squelching emerging technology. The result has been a spate of court victories for copyright holders, one that could even tilt the current balance of power between websites and content owners. Here’s a look at the recent developments and how they could make an interminable legal war even longer.