Online video service Vimeo is being sued by major labels for copyright infringement, and Friday saw both sides learn US District Judge Ronnie Abrams’ response to their requests for summary judgements in the case. All things considered, his rulings were better for the labels. 55 of the 199 allegedly-infringing videos in the case do not qualify for protection under the DMCA legislation’s safe harbour provisions. Evidence that Vimeo employees commented on and liked videos and featured some in curated channels means they will be considered at the full trial to decide whether employees had “red flag” knowledge of infringement on the site and did nothing about it. The other 144 videos were covered by safe harbour rules according to Abrams, so won’t form part of the trial. One final (very) important point: the judge ruled that pre-1972 recordings don’t qualify for safe harbour protection – something that may have an impact on other cases.
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