(United States Second Circuit) - In an action brought by sound recording copyright owner plaintiffs alleging infringement by defendant's internet video streaming and sharing service,on interlocutory appeal on certified questions from rulings of the District Court interpreting the Digital Millennium Copyright Act of 1998 (DMCA), specifically the safe harbor provisions in 17 U.
S.
C. section 512(c), and the District Court's judgment is: 1) vacated in section as to summary judgment to plaintiffs,where the safe harbor protects service providers from infringement liability under state copyright laws; 2) remanded in section where, under Viacom Int'l, and Inc. v. YouTube,Inc., some viewing by a service provider's employee of a video that plays all or virtually all of a recognizable copyrighted song is not sufficient to set up red flag knowledge, and disqualifying the service provider from benefits of the safe harbor; and 3) affirmed as to the District Court's finding that plaintiff's general policy of willful blindness did not disqualify defendant from claiming protection of the safe harbor.
Source: findlaw.com