Veoh Gets Another DMCA Safe Harbor Win, This Time Against Universal Music

from the good-decisions dept

You may recall that last year, the video hosting website Veoh had a big win when a court ruled that the site was protected by DMCA safe harbors from infringement committed by users. Of course, that particular lawsuit was only one of a few that Veoh is involved in. In a separate case, brought by Universal Music Group, UMG made some somewhat twisted arguments as to why Veoh shouldn't qualify for DMCA safe harbor protections. Basically, it said that Veoh gave up its safe harbors by creating copies of the video in transforming their format and creating copies that were in smaller "chunks" than the original. UMG also went out on a limb claiming that the fact that users could stream videos and download whole videos also took away their safe harbor protections. It's hard to see how those arguments make any sense at all, and it sounds like UMG lawyers were just throwing every possible argument against the wall, knowing they had little to work with.

The good news is that the judge has rejected all of those arguments, saying none of them seemed to mean Veoh gave up its safe harbor protections. The lawsuit isn't over yet, and the court hasn't ruled on whether Veoh (overall) is protected by the DMCA, but in rejecting UMG's weakly reasoned arguments for why Veoh had given up those protections, it suggests that Veoh is likely to prevail here too.
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Filed Under: dmca, safe harbor
Companies: universal music, veoh

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  1. identicon
    Fan Boi Basher, 6 Jan 2009 @ 6:00am

    Re: I can see some of the arguement

    Michial (or should I say RIAA Fan Boy),

    If you actually used your brain to THINK about your argument, you would see why the safe harbor is so important.

    What you're trying to do is blame the CAR for the accident instead of the person. It's not the COMPANY doing the infringement. They have automated systems that are the only thing - other than illegal immigrant labor or overseas sweatshops - that allow the company to do their business economically. These automated systems cannot tell the difference between copyrighted material and non-infringing material.

    Even if they hired people, how would a single person be able to recognize a commercial work unless it was blatantly obvious. Especially with music. The music could be commercial... but if you don't recognize it, how would you know? It could be a really good band - if you don't listen to that genre, how would you know?

    Every system is falliable. And it's not their responsibility. It's the person who uploads it.

    Stop taking away personal responsibility. The government already does enough of that. And in the process, they take away more and more of our rights and liberties.

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