Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Veoh vindicated again in Ninth Circuit ISP liability case

In a second blow to Universal, the US Court of Appeals for the Ninth Circuit has again extended safe harbour protection under the DMCA to video sharing site Veoh Networks

The ruling comes after the court withdrew its December 2011 opinion and agreed to Universal’s request for a panel rehearing.

Despite the tougher standards for ISPs dictated by last year’s Viacom v YouTube decision, the new panel reaffirmed that Veoh did not substantially influence the activities of its users or engage in purposeful conduct that would make it liable for inducing infringement.

In a footnote, the court added that Universal’s request to find a number of venture capital companies named in the lawsuit secondarily liable was problematic.


“We remain concerned about the possibility of imposing secondary liability on tangentially involved parties, like Visa and the Investor Defendants, while those accused of direct infringement receive safe harbor protection,” said the judgment.

It continued: “Were we to hold that Veoh was protected, but its investors were not, investors might hesitate to provide the necessary funding to companies like Veoh, and Congress’ purpose in passing the DMCA would be undermined.”

Michael Elkin of Winston & Strawn represented Veoh, and Steven Marenberg of Irell & Manella represented Universal.

more from across site and ros bottom lb

More from across our site

Online storytelling platform Humans of Bombay isn’t wrong for trying to protect its copyright, but it could have handled its dispute better
We have started accepting submissions from in-house counsel and teams for the 19th annual Managing IP Awards programme
Patient groups and generics makers may have to bear the brunt of India’s latest attempt at patent reform
Each week Managing IP speaks to a different IP lawyer about their life and career
Paolo Tavolato, who will share the role, said private equity support would help the IP consultancy achieve its ambitious M&A plans
Cyril Amarchand Mangaldas has hired former Anand & Anand partner Swati Sharma and hopes to compete with specialist IP firms
Rapporteur-Judge András Kupecz ruled that education and training weren’t legitimate reasons for a member of the public to access documents
Searches for comparison prior art will be a little easier, but practitioners will have to put more thought into claim construction and design patent titles
The Helsinki local division rejected AIM Sport’s request for a preliminary injunction in a dispute with rival Supponor
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP