The first, filed on behalf of a coalition including ASCAP, BMI, SESAC, Disney, NBC Universal, Warner Bros., and others, makes three main points:
- Congress enacted the DMCA to combat -- not protect -- copyright infringement;
- The DMCA Section 512(c) safe harbor does not provide a defense to inducement liability; and
- Section 512(c)(1)(B)'s language denying the safe harbor where a site derives "a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity," should be interpreted consistent with the "right and ability to control" standard from common law vicarious liability.
Disclosure: I work at NBCU and have written an article for WLF, though I was not involved in filing either of these briefs.