Ill-Advised Attempt to Blow Up the DMCA Online Safe Harbors Unsurprisingly Fails–Athos v. YouTube
…clip that infringed on the relevant movie, YouTube breached its DMCA removal duties The court’s TL;DR: these arguments were rejected by the Viacom and Veoh cases over a decade ago….
Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Salesforce
…v. Shelter Capital, where Veoh qualified for 512(c) but Veoh’s investors did not–that’s a bad safe harbor design because it gives plaintiffs an easy workaround that undermines the point of…
Section 512(c) Protects Pinterest Despite Its Algorithms–Davis v. Pinterest
…the burden of identifying infringement in the first instance.” Stored at User’s Direction. Per the Veoh case, services “may enhance users’ accessibility to uploaded content without losing protection under §…
What Are ‘Red Flags of Infringement’? ¯\_(ツ)_/¯ — Capitol v. Vimeo
…recall from UMG v. Veoh how UMG claimed that every song from artists like Britney Spears was presumptively infringing, when in fact UMG only controlled part of the artists’ catalogs…
Another Tough Ruling for Print-on-Demand Vendors–Sid Avery v. Pixels
…for the manufacturing piece. The court wonders if Pixels has disqualifying “right and ability to control,” which the Veoh case defined as when the defendant “exert[s] substantial influence on the…
HuffPost Gets 512(c) Defense for Contributor-Uploaded Photo–Downs v. Oath
…of user submissions to post publicly.” Cohn’s addition of content tags didn’t change the analysis (cites to Io v. Veoh and the district court ruling in UMG v. Veoh). Red…
Bittersweet DMCA Safe Harbor Defense Win in Ninth Circuit–Ventura v. Motherless (Catch-Up Post)
…almost certainly would have run out of money long ago. So the courtroom result may be good, but like the Veoh case, it may be too much of a Pyrrhic…
DMCA Safe Harbor Applies to Some Unfair Competition Claims–Capitol Records v. Vimeo
…the dominant video hosting platform? Here’s one hypothesis to explore. It took YouTube nearly a decade, and well over $100M, to eventually settle its DMCA lawsuit. YouTube’s competitor Veoh won…
DMCA Safe Harbor Doesn’t Protect Zazzle’s Printing of Physical Items–Greg Young Publishing v. Zazzle
…online services while having offline interests as well. Zazzle lacked knowledge of the infringements. Citing Veoh, the court says the “constructive knowledge clause has been construed so narrowly in the…
Stock Music Library Wins DMCA Safe Harbor Defense–Hempton v. Pond5
…says this evidence of red flags is less than the evidence rejected in the Veoh case. Hempton argued that Pond5 had a direct financial interest in the infringements, as evidenced…