More Evidence That Congress Misaligned the DMCA Online Copyright Safe Harbors–UMG v. Grooveshark (Forbes Cross-Post)

24 11 2013

By Eric Goldman

UMG Recordings, Inc. v. Escape Media Group, Inc., 2013 WL 1729431 (N.Y. App. Div. April 23, 2013)

Grooveshark runs a user-generated content (UGC) website that allows users to upload sound recordings and other users to stream those recordings.  UMG Recordings (a subsidiary of Vivendi, VIV:FP) sued Grooveshark for copyright infringement based on its users’ activities.  This week, a New York state appellate court partially denied Grooveshark’s eligibility for the online safe harbors enacted by Congress in the 1998 Digital Millennium Copyright Act.  This ruling creates several problems for UGC websites that let users post sound recordings, and it demonstrates one way Congress mishandled drafting its online safe harbors.


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