UMG Ruling Brings More Consistent Approach To DMCA

Law360, New York (April 10, 2013, 11:55 AM EDT) -- On March 14, a Ninth Circuit panel ruled in UMG Recordings Inc. v. Shelter Capital Partners LLC[1] that Veoh Networks, the operator of a peer-to-peer video-sharing service, is protected against infringement claims asserted by Universal Music Group (UMG) by the Section 512(c) Digital Millennium Copyright Act safe harbor, which limits Internet service provider copyright infringement liability "by reason of material stored at the direction of a user." The panel originally ruled in favor of the Veoh defendants in December 2011, but after the Second Circuit handed down an opinion in Viacom Int'l Inc. v. YouTube Inc.[2] in April 2012 that differed in some respects from the Ninth Circuit's interpretation of Section 512(c), the panel agreed to rehear the case....

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