Monday, September 23, 2013

Vimeo held to be covered by DMCA safe harbor in Capitol Records v. Vimeo

In Capitol Records v. Vimeo, LLC, the Court has partially granted and partially denied both sides' summary judgment motions, holding that Vimeo is protected by the DMCA "safe harbor", but that there are factual issues over certain videos:

-as to 10 of the videos, whether they were stored "at the direction of the user"; and
-as to 55 of the videos whether Vimeo had either "red flag" or actual knowledge.

September 18, 2013, Memorandum Decision and Order, Partially Granting and Partially Denying Summary Judgment Motions

Commentary & discussion: