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ARTICLE · 03 APRIL 2013

Killing Me Softly With A Song

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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How Veoh Reconciled with Viacom (But Went Out of Business In the Meantime)

United StatesIntellectual Property

How Veoh Reconciled with Viacom (But Went Out of Business In the Meantime)

Veoh, or what is left of it, won a recent victory in the Ninth Circuit in UMG Recordings v. Shelter Capital Partners (Veoh), No. 10-55732 ("Veoh"), a significant opinion in the evolving jurisprudence on Digital Millennium Copyright Act (DMCA) safe harbors.  In a March 14, 2013 superseding decision, the Ninth Circuit resolved a difference with Second Circuit law as set forth in the April 2012 decision in Viacom Int'l, Inc. v. Youtube, Inc., 676 F.3d 19 (2d Cir. 2012) ("Viacom").  The new opinion therefore puts to rest the current speculation that a circuit split would set safe harbor issues up for Supreme Court review. 

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