Thanks to Kip Patterson for bringing this to my attention.
In a California copyright infringement case, Io Group v. Veoh Networks, the Court has granted the defendant's motion for summary judgment, on the basis of the Digital Millennium Copyright Act ("DMCA"), holding that the defendant's video-sharing web site complied with the DMCA and was entitled to the protection of the statute's "safe harbor" provision.
In its 33-page decision, the Court noted, among other things, that the DMCA was "designed to facilitate the robust development and world-wide expansion of electronic commerce, communications, research, development, and education in the digital age", and rejected that plaintiff's contention that Veoh had failed to reasonably impement its notification policy for repeat offenders.
Interestingly, Viacom -- which is suing YouTube in Viacom v. YouTube in a very similar case -- tried to submit an amicus curiae brief in Io v. Veoh; Judge Lloyd denied its request.
August 27, 2008, Order and decision granting defendant's motion for summary judgment
Order denying Viacom motion for leave to file amicus curiae brief
Commentary & discussion:
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