United States Ninth Circuit

In copyright infringement action against defendant, who operates a publicly accessible website that enables users to share videos with other users, summary judgment to defendant is affirmed in part, where: 1) defendant was protected by the Digital Millennium Copyright Act (DMCA) "safe harbor" limiting service providers' liability for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider; 2) the district court properly dismissed the complaint alleging vicarious and contributory infringement against defendant investors; and 3) in this case, attorney’s fees may not be awarded under Rule 68; but 4) the matter is remanded in part for the district court to consider in the first instance whether defendant is entitled to Rule 68 costs excluding attorney's fees.

Appellate Information

• Decided 03/14/2013
• Published 03/14/2013

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel