Court Slams Record Companies in New Vimeo/DMCA Ruling (arstechnica.com)
Remember when Capitol Records sued Vimeo over copyright-violating videos? They just lost in court again, when an Appeals court overruled three lower court decisions. Slashdot reader NewYorkCountryLawyer shares the specifics of the Appeals court's findings:
[T]he Copyright Office was dead wrong in concluding that pre-1972 sound recordings aren't covered by the DMCA... the judge was wrong to think that Vimeo employees' merely viewing infringing videos was sufficient evidence of "red flag knowledge"... a few sporadic instances of employees being cavalier about copyright law did not amount to a "policy of willful blindness" on the part of the company.
"The decision once again affirms that the DMCA extends immunity to a service provider for the infringement of their customers if the service provider removes material at the request of the right holder," writes Ars Technica.
The story as published implies that the ruling overruled the lower court on the 3 issues. In fact, it was agreeing with the trial court on the third issue -- that the sporadic instances of Vimeo employees making light of copyright law did not amount to adopting a "policy of willful blindness".
Ray Beckerman +5 Insightful