UMG Recordings, Inc., et al. v. Shelter Capital Partners LLC, et al., No. 09-55902 (9th Cir. 2011)Annotate this Case
UMG filed suit against Veoh for direct and secondary copyright infringement where users of Veoh's service have in the past been able, without UMG's authorization, to download videos containing songs for which UMG owned a copyright. The district court granted summary judgment to Veoh after determining that it was protected by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512(c), "safe harbor" limiting service providers' liability for "infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider." The court affirmed the district court's determination on summary judgment that Veoh was entitled to section 512(c) safe harbor protection where Veoh met all the section 512(c) requirements. The district court also affirmed the district court's dismissal of the claims of secondary liability against the Investor Defendants. The court further affirmed the district court's determination that, in this case, attorney's fees could not be awarded under Rule 68. The court remanded for the district court to consider in the first instance whether Veoh was entitled to Rule 68 costs excluding attorney's fees.
The court issued a subsequent related opinion or order on March 14, 2013.