Universal loses key fight against video-sharing site

06 January 2012

James Nurton, London

Universal Music was granted a 10-day extension to file a request to rehear a decision that website Veoh benefits from safe harbour protection under the DMCA

The music company was given until January 10 to request a rehearing or rehearing en banc of the Ninth Circuit Court of Appeals decision, dated December 20.

Universal, and related content-owning companies, had sued the video-hosting site for direct and contributory infringement in September 2007. They alleged that it allowed infringing content to be accessed and was therefore liable under the DMCA.

But in 2009 a judge granted Veoh summary judgment, finding that it had met all the safe harbour requirements in the DMCA. The latest decision upheld that finding.

The case is similar to that between Viacom and YouTube, in which a decision from the Second Circuit is awaited.

It also comes as Congress is debating new legislation, known as the Stop Online Piracy Act (SOPA), to deal with websites that host infringing content.

Veoh and the red flag In the...

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