In Capitol Records LLC v. Vimeo Inc, the United States Court of Appeals for the Second Circuit affirmed the United States District Court for the Southern District of New York’s finding that the defendant was entitled to the safe harbor protection for online service providers under the Digital Millennium Copyright Act (“DMCA”). The court rejected the plaintiffs’ arguments that two exceptions to the safe harbor applied, finding that the plaintiffs failed to show that (1) the defendant’s employees had red flag knowledge of user infringements or (2) the defendant profited from and had the right and ability to control the infringing activity.
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Vimeo Lacked Red Flag Knowledge of User Infringement: Second Circuit
