Viewing is not copyright infringement and has never been that I know of. I'm not sure anything new is being discussed here (at Gizmodo). However, anyone hosting, distributing or otherwise making available the video (or any content) contrary to the wishes of the lawful copyright holder, is in violation of copyright law.

Glad to see that the main subject of the post, linking to, was struck down by the courts, since it would be really stretching the bounds of copyright law.