CAPITOL RECORDS, LLC, et al., Plaintiffs, -v- VIMEO, LLC d/b/a VIMEO.COM, et al., Defendants.EMI BLACKWOOD MUSIC, INC, et al., Plaintiffs, -v- VIMEO, LLC d/b/a VIMEO.COM, et al., Defendants., 972 F. Supp. 2d 500

Summary

HOLDINGS: [1]-A service provider of an Internet platform which enabled users to upload, share, and view original videos met the threshold requirements for safe harbor protection from copyright infringement claims of music publishing companies under 17 U.S.C.S. § 512(c), since the provider adopted, reasonably implemented, and informed users of a policy to terminate repeat infringers, and did not interfere with standard technical measures to protect copyrighted works; [2]-Actual or imputed knowledge of the provider of the infringing materials was not established to preclude application of the safe harbor; [3]-Regardless of whether the provider benefited financially from the infringement, the safe harbor was not precluded based on the provider's right and ability to control user activities since the provider's monitoring program did not constitute substantial control over the activities.