Last week, the Ninth Circuit Court of Appeals released a revised opinion in the Veoh Networks case, UMG Recordings v Shelter Capital Partners No. 09—55902 (9th.Cir. Marc. 14, 2013), superseding the earlier opinion, UMG Recordings v Shelter Capital Partners LLC, 101 U.S.P.Q.2d 1001 (9th.Cir. 2011). The decision reviewed the scope of the DMCA hosting safe harbor finding it applicable on the facts of the case to the Veoh Networks video sharing site.
In the original decision the Ninth Circuit made three important rulings with respect to the scope of the DMCA hosting safe harbor:
- The safe harbor can cover use by service providers of an automated process for transcoding and making files accessible.