Are Takedowns in 48 Hours “Expeditious” Enough?–Square Ring v. UStream

1 02 2015


This case involves the March 21, 2009 boxing match between Roy Jones Jr. and Omar Sheika, broadcast as a pay-per-view. (Spoiler alert: Jones won a TKO in the 5th round). Anticipating users would live-stream the fight, promoter Square Ring contacted UStream several times beforehand threatening/cajoling/begging them to prevent live-streaming. Getting no love from UStream, Square Ring’s agent then sent three DMCA-complaint takedown notices (with specific URLs) between 6:30 and 9:30 pm March 21. UStream replied that it had removed those videos at 8 pm March 23, i.e., about 2 days later. Square Ring sued UStream and others for copyright and trademark infringement based on the user live-streams. UStream moved for summary judgment on the copyright claims citing 17 USC 512(c).

Case citation: Square Ring, Inc. v., 09-563 (GMS) (D. Del. Jan. 23, 2015)

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