UMG Recordings, Inc., et al v. Shelter Capital Partners LLC, et al

Filing

FILED OPINION (HARRY PREGERSON, RAYMOND C. FISHER and MARSHA S. BERZON) AFFIRMED IN PART; REMANDED IN PART; We affirm the district court s determination on summary judgment that Veoh is entitled to 512(c) safe harbor protection, and its dismissal of the claims of secondary liability against the Investor Defendants. We also affirm its determination that, in this case, attorney s fees may not be awarded under Rule 68. We remand for the district court to consider in the first instance whether Veoh is entitled to Rule 68 costs excluding attorney s fees. The parties shall bear their own costs on appeal. The motions of the Recording Industry Association of America et al., the Electronic Frontier Foundation et al., and eBay Inc. et al., for leave to file amicus curiae briefs are granted, and the briefs are ordered filed. AFFIRMED in part and REMANDED in part. FILED AND ENTERED JUDGMENT. [8006118] [09-55902, 09-56777, 10-55732]