Umg Recordings, Inc. v. Shelter Capital Partners Llc

ORDER

The opinion filed on December 20, 2011, and appearing at 667 F.3d 1022 (9th Cm. 2011) is withdrawn.

Appellant’s petition for panel rehearing is GRANTED and the petition for rehearing en banc is DENIED AS MOOT.

A superseding opinion will be filed concurrently with this order.

The parties may file additional petitions for rehearing or rehearing en bane.

OPINION

Veoh Networks (Veoh) operates a publicly accessible website that enables users to share videos with other users. Universal Music Group (UMG) is one of the world’s largest recorded music and music publishing companies, and includes record labels such as Motown, Def Jam and Geffen. In addition to producing and distributing recorded music, UMG produces music videos. Although Veoh has implemented various procedures to prevent copyright infringement through its system, users of Veoh’s service have in the past been able, without UMG’s authorization, to download videos containing songs for which UMG owns the copyright. UMG responded by filing suit against Veoh for direct and secondary copyright infringement. The district court granted summary judgment to Veoh after determining that it was protected by the Digital…