United States Ninth Circuit

In an appeal from an order of the district court granting defendant's motion for summary judgment on plaintiff's complaint for direct and secondary copyright infringement against a public website offering streaming music videos, judgment is: 1) affirmed where defendant is entitled to Section 512(c) safe harbor protection of the Digital Millennium Copyright Act (DMCA) and where the district court correctly concluded that Rule 68 attorney’s fees were inappropriate; but 2) remanded for the court to consider in the first instance whether defendant is entitled to Rule 68 costs, excluding attorney’s fees.

Appellate Information

• Decided 12/20/2011
• Published 12/20/2011

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Steven A. Marenberg, Michael S. Elkin