Thursday, February 05, 2009

Amended complaint in UMG Recordings v. Veoh Networks, adding investors as defendants, is dismissed

In UMG Recordings v. Veoh Networks, UMG's amended complaint, adding Veoh's investors as defendants, has been dismissed.

The dismissal was without prejudice. However, the plaintiffs were admonished that the deadline for filing a second amended complaint is February 23rd, and that they should think carefully before filing any such complaint.

February 2, 2009, Decision, Granting Investor Defendants' Motion to Dismiss Amended Complaint

Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music player


Anonymous said...

in Ellison v. Robertson the Ninth Circuit suggested that if the plaintiff had presented
evidence that an internet service provider attracted users who subscribed to its service in
order to access infringing content (or that the service lost subscribers because it
obstructed infringement), the court may have found a direct financial benefit from

This man finds the above reasoning absolutely fascinating. That an ISP who loses customers when they interfere with filesharing has a direct financial benefit from infringement. This could cause all kinds of grief for every major ISP who performs content filtering, traffic shaping, sends warning letters based solely on the content industry's say-so, or otherwise tries to grovel to the content industry's wish list.

{The Common Man Speaking}

Reluctant Raconteur said...

It will be very hard to show a direct relationship for larger ISP's. there are too many factors that determine customer retention.

That is not to say the RIAA won't make a case the casual relationship between retention and any actions by the part of the ISP.