Second Circuit Deepens Red Flag Knowledge Circuit Split in Vimeo

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 301(c) that “rights or remedies” under state law “shall not be annulled … Continue reading “Second Circuit Deepens Red Flag Knowledge Circuit Split in Vimeo”

BMG v. Cox: ISP Liability and the Power of Inference

Cross-posted from the Law Theories blog. As readers are likely aware, the jury verdict in BMG v. Cox was handed down on December 17th. The jury found that BMG had proved by a preponderance of the evidence that Cox’s users were direct infringers and that Cox is contributorily liable for that infringement. The interesting thing, … Continue reading “BMG v. Cox: ISP Liability and the Power of Inference”