NY High Court Won't Hear Pre-'72 Safe Harbor Issue

Law360, New York (October 9, 2013, 3:36 PM EDT) -- Online music service Grooveshark lost a bid Tuesday requesting New York's highest court to review a lower court ruling in April that said the Digital Millennium Copyright Act's safe harbor provision does not apply to songs recorded before 1972.

New York's Appellate Division denied Grooveshark's request for leave to take the April 23 ruling to the Court of Appeals, leaving in place a finding that online hosting sites cannot use the federal safe harbor to shield themselves from infringement claims based on pre-1972 recordings — which are covered by state law, not federal law.

The order, which came with no explanation,...

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