Second Circuit Deepens Red Flag Knowledge Circuit Split in Vimeo

Cross-posted from the Center for the Protection of Intellectual Property (CPIP) blog. The Second Circuit’s recent opinion in Capitol Records v. Vimeo is, to put it mildly, pretty bad. From its convoluted reasoning that copyrights under state law for pre-1972 sound recordings are limited by the DMCA safe harbors, despite the explicit statement in Section […]

MP3tunes and the Ghost of Cablevision

On September 29th, District Judge William H. Pauley, III, issued his memorandum and order in Capitol Records v. MP3tunes,1 as many have reported. However, as I read the decision, I’m surprised at Judge Pauley’s holding that certain parts of Cablevision are still good law after the Supreme Court’s opinion in Aereo. Specifically, Judge Pauley distinguished […]

ReDigi and the Volitional Conduct Element

While much is being written about the Capitol Records v. ReDigi memorandum and order that came out a few days ago, I want to focus on a bit of the opinion that caught my eye that (to my knowledge) no one else has mentioned. The court found that ReDigi—the service provider—had the requisite volitional conduct […]