Advanced Copyright Law on the Internet

of copyright by reason of the storage [of material] at the direction of a user” as required by Section 512(c)(1); second, that g ...

Knowledge. Turning to the second issue of knowledge requirements, the court began with an issue of statutory construction, notin ...

The court noted that its conclusion was bolstered by Section 512(m), which states that nothing in Section 512(c) shall be constr ...

potential customers to their web sites even if the terms do not describe goods or services the company actually provides.^2608 T ...

that Veoh would not post his unauthorized material, he stated that he had seen plenty of other infringing material on the site, ...

Right and Ability to Control. Turning to the third issue on appeal, the Ninth Circuit concluded that the district court correctl ...

[I]mporting a specific knowledge requirement into § 512(c)(1)(B) renders the control provision duplicative of § 512(c)(1)(A). An ...

Congress meant the limitation on the duty to monitor to apply only to service providers who do not receive a direct financial be ...

Accordingly, the Ninth Circuit concluded that Veoh met all the Section 512(c) requirements and affirmed the entry of summary jud ...

infringements did not constitute notification under Section 512(c)(3) with respect to pre- litigation infringements claimed in t ...

In Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc.^2641 the defendants operated hosting services for a number of web sit ...

The court first quoted extensively from the legislative history of the DMCA safe harbors, then observed that the “tenor of the f ...

that they are left exposed to be claimed as unprotect infringements.”^2652 The court agreed with the ruling in Io Group v. Veoh^ ...

merely generic description (such as “all works by Gershwin”) would be adequate without also giving the works’ location at the si ...

the red flag superfluous, because the phrase “actual knowledge” in Section 512(c)(1)(A)(i) is frequently used to denote subjecti ...

shows can still be found [on YouTube]: Family Guy, South Park, MTV Cribs, Daily Show, Reno 911, [and] Dave Chapelle [sic].” He f ...

Because the statute does not ‘speak[] directly’ to the willful blindness doctrine, § 512(m) limits – but does not abrogate – the ...

the infringing material. Thus, the prerequisite to safe harbor protection under Sections 512(c)(1)(A)(iii) & (C) would at th ...

fourth software function, involving the third party syndication of videos uploaded to YouTube.^2687 The court first noted that t ...

provision, it should remand for fact finding on the question of whether any of the clips in suit were in fact syndicated to any ...