“If Vimeo is not legally responsible for the infringement of plaintiff’s copyrights, then it has not committed any misappropriation of their property. Without misappropriation, plaintiff’s unfair-competition claims fail”.
She added that the safe harbour “is designed to preclude liability for third-party users’ posts that include infringements of which the service providers were unaware. That purpose applies equally to copyright-infringement claims and to unfair-competition claims that seek liability for the infringement of copyright”.
Original Title
Capitol Records v Vimeo (Op Re Unfair Comp) (3-31-18)
“If Vimeo is not legally responsible for the infringement of plaintiff’s copyrights, then it has not committed any misappropriation of their property. Without misappropriation, plaintiff’s unfair-competition claims fail”.
She added that the safe harbour “is designed to preclude liability for third-party users’ posts that include infringements of which the service providers were unaware. That purpose applies equally to copyright-infringement claims and to unfair-competition claims that seek liability for the infringement of copyright”.
“If Vimeo is not legally responsible for the infringement of plaintiff’s copyrights, then it has not committed any misappropriation of their property. Without misappropriation, plaintiff’s unfair-competition claims fail”.
She added that the safe harbour “is designed to preclude liability for third-party users’ posts that include infringements of which the service providers were unaware. That purpose applies equally to copyright-infringement claims and to unfair-competition claims that seek liability for the infringement of copyright”.
Case 1:09-cv-10101-RA Document 209 Filed 03/31/18 Page 1 of 13
Case 1:09-cv-10101-RA Document 209 Filed 03/31/18 Page 2 of 13
Case 1:09-cv-10101-RA Document 209 Filed 03/31/18 Page 3 of 13 Case 1:09-cv-10101-RA Document 209 Filed 03/31/18 Page 4 of 13 Case 1:09-cv-10101-RA Document 209 Filed 03/31/18 Page 5 of 13 Case 1:09-cv-10101-RA Document 209 Filed 03/31/18 Page 6 of 13 Case 1:09-cv-10101-RA Document 209 Filed 03/31/18 Page 7 of 13 Case 1:09-cv-10101-RA Document 209 Filed 03/31/18 Page 8 of 13 Case 1:09-cv-10101-RA Document 209 Filed 03/31/18 Page 9 of 13 Case 1:09-cv-10101-RA Document 209 Filed 03/31/18 Page 10 of 13 Case 1:09-cv-10101-RA Document 209 Filed 03/31/18 Page 11 of 13 Case 1:09-cv-10101-RA Document 209 Filed 03/31/18 Page 12 of 13 Case 1:09-cv-10101-RA Document 209 Filed 03/31/18 Page 13 of 13