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''UMG Recordings, Inc. v. Shelter Capital Partners LLC'', 667 F.3d 1022 No. 09-55902, was a United States Court of Appeals for the Ninth Circuit case in which UMG sued video-sharing website Veoh, alleging that Veoh committed copyright infringement by hosting user-uploaded videos copyrighted by UMG. The Ninth Circuit upheld the decision of the United States District Court for the Central District of California that Veoh is protected under the Digital Millennium Copyright Act's safe harbor provisions. It was established that service providers are "entitled to broad protection against copyright infringement liability so long as they diligently remove infringing material upon notice of infringement" . == Background and case history == Veoh was a video-sharing web site where users could view, upload and share videos, much like YouTube. On September 4, 2007, UMG, without filing any prior DMCA takedown notices , sued Veoh for vicarious and contributory copyright infringement. On September 11, 2009, Judge Howard Matz granted summary judgement in favor of Veoh, ruling that Veoh "qualifies for a DMCA safe harbor that protects the service from monetary damages for copyright infringements committed by its users". Despite successfully defending itself, Veoh declared bankruptcy shortly after the District Court ruling, with Veoh's CEO Dmitry Shapiro citing the cost of litigation as a cause. On appeal, the Ninth Circuit reaffirmed the lower court's decision on December 20, 2011, though it remanded to the district court the question of whether Veoh was entitled to the recovery attorney's fee under Federal Rules of Civil Procedure Rule 68. UMG failed in both district and appellate court to add three of Veoh's investors, Shelter Capital Partners, LLC, Shelter Venture Fund LP, and Spark Capital LLC, as defendants. Both courts noted that UMG did not sufficiently allege that the investors could be held liable for any indirect infringement. In an unusual move, in 2013 the Ninth Circuit issued an update to their 2011 opinion in order to align their views with the findings by the Second Circuit in Viacom International Inc. v. YouTube, Inc. . The revisions sought to clarify the difference between actual and "red flag" knowledge, though it still failed to specifically state the conditions needed for information to qualify as red flag knowledge. On April 4, 2013, the Ninth Circuit denied UMG's petition for a rehearing. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「UMG Recordings, Inc. v. Shelter Capital Partners LLC」の詳細全文を読む スポンサード リンク
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