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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.

2 of 23 comments (clear)

  1. Re:Shifting the burden by Kjella · · Score: 1, Interesting

    Well we don't let kids buy porn magazines and we don't let kids buy liquor and we don't let them buy guns, it's not like third parties can disclaim any and all liability for everything because if the parents weren't there to stop them it must have been okay. Not saying I completely disagree with you, but the whole "the copyright holders have the primary responsibility so they have the sole responsibility" logic doesn't add up.

    --
    Live today, because you never know what tomorrow brings
  2. Re:Shifting the burden by j-beda · · Score: 3, Interesting

    Of course they would assume every car is stolen. After all, they told us "You wouldn't download a car, would you?", right?

    If anyone hasn't seen this PSA from "The IT Crowd", they have missed out:

    https://www.youtube.com/watch?...

    I guess it is probably infinging...