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

9th Circuit Upholds Verdict Against Oregon College for Discriminating Against Former Adult Performer

The Ninth U.S. Circuit Court of Appeals on Monday upheld a 2022 Oregon jury’s verdict in favor of Nicole Gililland, a former nursing student who sued her school for discriminating against her because of her adult performer past.

Former Trump Staffer, Project 2025 Advisor John McEntee Predicts a Total Porn Ban

John McEntee, Senior Advisor to the Heritage Foundation’s Project 2025 and a key figure in the former Trump administration, predicted an eventual full ban of pornography and claimed that once it is enacted, “this country will flourish.”

Vendo Launches 'Pay by Bank' Service

Vendo has launched its new Pay by Bank checkout system.

CrakRevenue Taps Maxime Bergeron as New CEO

CrakRevenue has appointed longtime staffer Maxime Bergeron as the company's new CEO.

Clips4Sale Adds 'Spatial Video' Category

Clips4Sale (C4S) has debuted a “spatial video” category for the next generation of VR and AR devices.

Lemon Social Launches Educational Program, 'Metaverse' Feature

Premium fan platform Lemon Social has debuted an "Adult Content University" program and a "Lemon Social Metaverse" feature.

Australian Conservatives Raise Concerns About US-Born Online Censor

Long after progressive free speech advocates in Australia questioned eSafety Commissioner Julie Inman Grant over her campaigns to target adult content, conservatives and libertarians are now raising concerns about the powers granted to the country’s top censor — an unelected former tech exec born in the U.S. — with some calling for her ouster.

Cupcake Girls, Aylo Partner on Educational Video Series for Performers

The Cupcake Girls and Aylo have teamed up to produce a series of educational videos focused on safety standards for adult performers.

My.Club Appoints Nicole Aniston as New Brand Ambassador

My.Club has named Nicole Aniston its newest brand ambassador.

Elevated X Implements Age Verification Solution, Integration API

Elevated X is now offering age verification services (AVS) through an API.

Show More