U n i t e d S t a t e s D i s t r i c t C o u r t
F o r t h e N o r t h e r n D i s t r i c t o f C a l i f o r n i a
Unless otherwise indicated, all record citations are to the parties’ submissionsfiled in connection with defendant’s motion for summary judgment.2
For purposes of resolving the instant motion, and except as otherwise indicated, thefollowing facts are not materially disputed.
Plaintiff Io Group, Inc. (“Io”), doing business as Titan Media, produces, markets anddistributes a variety of adult entertainment products, including audiovisual works. It holds andowns a number of registered copyrights for its films.Defendant Veoh Networks, Inc. (“Veoh”) is a self-described “Internet Television Network,” which provides software and a website (veoh.com) that enables the sharing of user- provided video content over the Internet – from job interviews, to family gatherings, to films byaspiring filmmakers. Since its website launch in February 2006, users have uploaded andshared hundreds of thousands of videos on Veoh. Veoh says that it has received notices of alleged copyright infringement with respect to less than seven percent of those videos.(Dunning Decl. in Opp. to Plaintiff’s MSJ, ¶ 6).In addition to user-submitted content, users may also access videos from Veoh’s content partners, including Turner, CBS, Us Magazine, Road and Track Magazine, Car and Driver Magazine, and United Talent Agency. (See Scherb Decl. ¶2, Ex. A (Shapiro Depo. at 33:17-19,37:11-16)). Veoh itself creates and uploads promotional videos to its system. And, in someinstances, Veoh’s content partners have given video files to Veoh, in which case Veoh’semployees upload those files on their behalf. (Sperlein Decl. ISO Plaintiff’s MSJ, ¶¶ 2, 4, Ex.A (Papa Depo. at 29:19-30:11); Ex. F (Shapiro Depo. at 36:19-23)). There is no allegation thatVeoh employees have submitted and uploaded infringing content to veoh.com; and, the onlycontent in question here is material that was submitted to Veoh by its users.Once video files are uploaded to Veoh’s system, Veoh’s employees can and do selectvideos to be featured on the “Featured Videos” portion of Veoh’s website. (See Sperlein Decl.ISO Plaintiff’s MSJ, ¶ 3, Ex. E (Dunning Depo. at 194:17-21)).