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May 11, 2013 07:00 pm GMT

Judge Tosses DMCA Defenses, Creating Unexpected Copyright Liability for Web Services In New York

micEditors note: Sid Venkatesan is an IP partner specializing in high stakes IP disputes and IP counseling for technology companies in the Silicon Valley office of Orrick, Herrington & Sutcliffe LLP.James Freedmanis an associate in Orricks IP group and a recent Stanford Law School graduate.A New York appellate court has recently ruled inUMG Recordings v.Escape Media Group that the safe harbor protections that Congress designed for Internet companies do not cover sound recordings made before 1972. The decision is a new and unexpected break with earlier decisions bystateand federaltrial courts.

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