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 © 2025 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

US Arcades Introduces Multi-Language Support

U.S. Arcades has introduced multi-language support to its arcade units.

New Creator Directory 'TrustyFans' Launches

TrustyFans, a new directory for creators, has officially launched.

Corey Silverstein to Host Webinar on 'SCOTUS Age Verification Ruling'

Where Does Age Verification Go From Here," to livestream July 10 at 4 p.m. (EDT).

FSC Publishes Guidance on Google Analytics Lawsuits

The Free Speech Coalition (FSC) has published guidance on how adult websites can protect themselves in the wake of several consumer class action lawsuits filed against sites for using Google Analytics.

BranditScan, CreatorTraffic Partner for 'Creators & Agencies' Initiative

BranditScan and advertising network CreatorTraffic have partnered for an initiative to help creators and agencies generate traffic and protect their content.

Teasy Agency Joins Pineapple Support as Supporter-Level Sponsor

Teasy Agency has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Aylo, Pineapple Support Partner for Mental Health Video Series

Aylo has teamed up with Pineapple Support to create a safety video series aimed at educating performers and creators about mental health.

Ofcom Investigates FTV Sites for Possible AV Noncompliance

U.K. media regulator Ofcom is investigating First Time Videos, which operates the sites FTVGirls.com and FTVMilfs.com, for possible failure to comply with age assurance requirements under the Online Safety Act.

Stalwart Defender: Jeffrey Douglas on 30 Years Fighting for Free Expression

“If you had told me in 1995 that I would be on the FSC board for 30 years, I would have laughed out loud,” says Jeffrey Douglas.

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

Show More