U.S. Judge Tosses Suit Over Hosted Pirated Content

LOS ANGELES — A federal judge on Monday ruled that the Digital Millennium Copyright Act's safe-harbor provisions protected Veoh Networks from liability for hosting pirated clips uploaded by users.

U.S. District Court Judge A. Howard Matz, who granted Veoh’s motion for summary judgment in a copyright infringement lawsuit brought by Universal Music Group, said that the DMCA “does not place the burden of ferreting out infringement on the service provider.”

The 29-page order said that he found Veoh’s policy on terminating repeat offenders who post pirated material satisfies Congress’ intent that “those who repeatedly or flagrantly abuse their access to the Internet through disrespect for the intellectual property rights of others should know that there is a realistic threat of losing that access.”

Universal sued Veoh for copyright infringement in 2007, alleging that Veoh was wrongly hosting pirated music videos. Universal alleged that the site was "a massive copyright infringer that has built its business on the back of others' intellectual property."

Veoh argued that it took steps aimed at preventing pirated clips from appearing on the site, including using filtering technology. It also said that it removed clips upon request, as per the DMCA's safe harbor provisions.

Universal said that Veoh wasn't eligible for the safe-harbor provisions of the DMCA because the company's founders, employees and investors knew of widespread infringement.

The case relied much on a 9th U.S. Circuit Court of Appeals ruling in Perfect 10 vs. CCBill, where the court evaluated the “reasonableness” of the defendants’ termination policies.

That ruling, involving an adult content company and a third-party payment processor, set forth the standard for evaluating termination policies under the DMCA.

“The [9th Circuit] held that Perfect 10’s notices of infringement did not provide a valid basis for terminating users, even though they identified specific infringing works, because they did not contain declarations under penalty of perjury that the complainant was authorized to represent the copyright holder and that he had a good-faith belief that the user was infringing,” the court said.

The decision marked the second major courtroom victory for Veoh. Last year, Veoh was victor in a similar copyright lawsuit brought by Titan Media's parent, the Io Group.

In a statement, Universal said it intends to appeal the Veoh ruling.

Veoh Ruling

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Dirty Cinema Launches New Paysite 'MILFuckd'

Dirty Cinema has launched a new paysite, MILFuckd.com, on its network.

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

AEBN Publishes Popular Seraches by Country for September, October

AEBN has released its list of popular searches from its straight and gay theaters in all 50 states and the District of Columbia.

Avery Jane Featured on 'Adult Time Podcast'

Avery Jane is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills.

FSC: Kansas Law Firm Threatens Adult Site Over Age Verification

The Free Speech Coalition (FSC) has been notified that Kansas law firm Mann Wyatt Tanksley has sent a letter threatening an adult website with a lawsuit for breaking the state's age verification law.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Trump Nominates Project 2025 Contributor, Section 230 Foe to Chair FCC

President-elect Donald Trump has nominated, as his pick to head the Federal Communications Commission, Brendan Carr — an author of Project 2025 who has called for gutting Section 230 protections.

Show More