Are Online Videos "Publicly Accessible"?
The decision in HVLP02 LLC v. Oxygen Frog turned on whether or not a YouTube video could qualify as a "printed publication," and therefore constitute prior art for patent purposes. As courts tend to assign the term "printed publication" a broad definition that usually includes videos, the YouTube video in question was considered prior art. Still, much of the analysis in these matters involves the "public accessibility" of a particular video.
This Jones Day White Paper reviews the law surrounding printed publications, explains practical ways to demonstrate that a YouTube video is or is not publicly accessible, and summarizes best practices.
