UStream's Attempt To Invoke DMCA Safe Harbor Protection Denied On MSJ

The United States District Court for the District of Delaware recently denied defendant UStream's motion for summary judgment against Square Ring, raising the concern that an Internet Service Provider may not be entitled to the safe-harbor protection provided by the Digital Millennium Copyright Act if it fails to remove allegedly infringing content in a timely manner.

Square Ring, a boxing promotional company that licenses boxing-match rights to television networks, bought suit against user-generated content website U-Stream in 2009. Square Ring claimed UStream did not immediately remove or disable access to a copyrighted, March 21st boxing and mixed martial arts broadcast. In anticipation of the event and potential infringement, Square Ring sent a notice of infringement, including a demand that access to the broadcast be blocked on UStream, prior to the match, or that staffing be made available so the content could be deleted "immediately upon notification." On the