Vimeo Held Covered By DMCA Safe Harbor 51
NewYorkCountryLawyer writes "In a recent 56-page decision (PDF) in Capitol Records v. Vimeo, LLC, a federal court in Manhattan found Vimeo to be covered by the Digital Millenium Copyright Act, rejecting Capitol Records' arguments that it was not entitled to the statute's "safe harbor". However, Vimeo is not yet out of the woods in this particular case, as the Court found factual issues — requiring a trial — as to 10 of the videos on the question of whether they were uploaded at the direction of Vimeo users, and as to 55 of the videos whether Vimeo had actual knowledge, or red flag knowledge, as the existence of an infringement."
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Atlantic Records, Capitol Records
YOU SUCK
Talking about grabbing at the low-hanging fruit...
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That's just it. We need to grab the low hanging fruit of the executives at Capitol and Atlantic Records and them off.
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er.. "and cut them off"
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Hey, a dual troll mod for bashing a media company. Slashdot is full of paid-for losers, I see.
Backstory? (Score:2)
So what's the backstory behind this for those of us who dont read obscure blogspot blogs.
Re:Backstory? (Score:4, Insightful)
So what's the backstory behind this for those of us who dont read obscure blogspot blogs.
Obscure? You calling my blog obscure?
There is no "backstory". Just read the front story.
Re:Backstory? (Score:5, Informative)
I'm not reading a 58 page pdf and the linked blog story is no longer than this summary.
To save others the work, evidently Vimeo employees uploaded videos of people lipsyncing to tracks owned by the labels. Vimeo is trying to claim Safe Harbor protection because they had no way of knowing users were uploading infringing material.
Re:Backstory? (Score:5, Informative)
2. The guiding principle of Recording Industry vs The People [blogspot.com] since its inception in 2005 has always been that it is designed for readers who are smart enough, and serious enough, to read the actual litigation document rather than let someone else tell them what it means.
3. The blog post doesn't link to Slashdot for "more details" it links to it for "Commentary & discussion".
4. Most Slashdotters, I have found, do read the story and litigation document... not every word, but enough to form their own opinions.
5. And no, thanks, I am not looking for you to explain to me what the decision says; I read it, and I know exactly what it says.
What about... (Score:1)
the importance of the decision to move forward in that trial to the arguments that WB knowingly violated the DMCA by abusing Vimeo's automatic takedown tool? That seems much more important than the issue regarding the possible liability of Vimeo for employees acting as agents of the company when they uploaded videos themselves.
This might be first time we see someone (or some corporation?) punished for abuse of DMCA. Thoughts? Does it have teeth? Is it a non-issue since it was a tool and not an actual DMCA f
Re:Backstory? (Score:5, Informative)
I'm not reading a 58 page pdf and the linked blog story is no longer than this summary. To save others the work, evidently Vimeo employees uploaded videos of people lipsyncing to tracks owned by the labels. Vimeo is trying to claim Safe Harbor protection because they had no way of knowing users were uploading infringing material.
Close. The one's employees didn't go near at all are those dismissed under the DMCA. All the ones any employee touched in some way, even as little as clicking a "like" button, put on a favorite list or whatever are the ones going to trial because there's doubts as to Vimeo's awareness of infringement. The really brief summary is: If you're looking for DMCA protection, the content is poison. Don't look at it, don't touch it, don't discuss it. Have automated content monitoring and user flagging, but don't go looking on your own and don't mention any specific cases even in internal emails. You have to go very far out of your way avoid knowing what is going on to be punished for "willful blindness".
Re:Backstory? (Score:4, Insightful)
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Maybe it's not about killing Vimeo, but rather making it "play nice" the way YouTube has: Pay for sync licensing of the music and support the licensing costs with ads.
Re:Backstory? (Score:5, Insightful)
Maybe it's not about killing Vimeo, but rather making it "play nice" the way YouTube has: Pay for sync licensing of the music and support the licensing costs with ads.
In my experience, their primary goal in every instance is to put people out of business, if at all possible. YouTube has been 'playing nice' with them for many years, but they haven't dropped the pending case.
Re: Backstory? (Score:1)
Which sucks and constantly are being abused by copyright holders.
I have 60 videos on YouTube. All made by me with content made by me.
Still I get copyright infringement notices and when I challenge them, I get rejected and my score/rating as a YouTube user goes down. At the moment 15 of my videos are infringing some copyright according to them which is a complete lie. But they get the money for the ads.
I have been very careful not to do anything wrong, not using any content I haven't created myself, video an
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Prohibition was unpopular. It got repealed. DMCA is no different. It can be repealed as well.
I guess we need to let the record companies sue enough people to make themselves so unpopular that any politician failing to remove DMCA will not see another term in office.
Re:Backstory? (Score:5, Informative)
It does seem insane. I mean how can the court not see that this case is clearly about killing vimeo and by extension video sharing sites. How can they expect all employees to be 100% diligent. It's never going to happen. If the only option to adhere to Safe Harbor is to have google class content filter Youtube is going to be the only game in town in the US.
The legal fees alone are the killer. Veoh won every round, but had to go out of business due to the legal fees [blogspot.com].
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I'm not reading a 58 page pdf and the linked blog story is no longer than this summary. To save others the work
Reading is work? I take it you're a tl;dr, aka "aliterate"?
"The man who does not read has no advantage over a man who cannot read." -- Mark Twain
I have no idea why your OP got modded up (although the comment I'm responding to did deserve an upmod). Probably another aliterate (there are a lot of them here, they're easy to spot: "There car's are over they're")
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Haha, way to drive people away :P
Well he shouldn't call something "obscure" just because he's too lazy to read it, and wants someone else to tell him what it said.
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The blog post linked from TFS is a brief (~70 word) summary of the recent development with no links to other posts on your blog for the background on the story, only the big PDF of the decision.
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The blog post linked from TFS is a brief (~70 word) summary of the recent development with no links to other posts on your blog for the background on the story, only the big PDF of the decision.
The decision, IMHO, gives you what you need to know about the facts of the case in order to understand the significance of the decision. 56 pages is enough reading in my view, for our purposes. If you want more you can go on PACER and get hundreds of additional pages from the case file.
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No... I think people want something in between 70 words and 56 pages.
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No... I think people want something in between 70 words and 56 pages.
Oh. OK. How many words do they want?
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No longer than a good resume.
Inverted pyramid style (Score:2)
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I clicked on this story because I was interested in the original topic, but this whiny, defensive stuff is way more interesting.
Yeah, definitely
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Leave it to a lawyer who can't summarize the story in 1 sentence and has to resort to 58 pages to discuss the issue.
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Hey buddy, you watch your mouth when you're talking about NYCL!
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Hey buddy, you watch your mouth when you're talking about NYCL!
All riggghhhhtttt. Thanks Amicus :) I always wanted to have a big brother :)
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Maybe to you 4channers it is, troll, but NYCL is well known and greatly respected here at slashdot. So go back to reddit and leave us grownups alone.
BTW, that -1 moderation you have is a bit ironic, isn't it?
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Maybe to you 4channers it is, troll, but NYCL is well known and greatly respected here at slashdot. So go back to reddit and leave us grownups alone.
Thanks, bro :)
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No problem, Ray. You're one of my 3 favorite lawyers, the other two being the lady who handled my divorce and the man who handled my bankruptcy.
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You're one of my 3 favorite lawyers, the other two being the lady who handled my divorce and the man who handled my bankruptcy.
Great that you found good people to handle those important things.
Vimeo is way better than youtube anyhow (Score:2)
Especially for mobiles
lot of music/concert and many other content on youtube will be blocked and say "unable to play on mobile devices please login from PC to view"
but Vimeo it doesn't matter you can view all content from mobile devices, from overseas, in states, etc and there are no region blocks or content blocks based on device. if you can view it on desktop you can view it on mobile.
I stopped trying to watch music videos on youtube, and enjoy many uncensored "explicit" videos and rare hard to find video