Veoh employees occasionally “spot check” videos after publication for compliance with Veoh’s policies and to ensure accuracy in the description and categorization of the content. For example, Veoh has, on occasion, edited the video description field. And, when adult content was still permitted on veoh.com, Veoh employees sometimes reviewed files to ensure proper ratings on any file containing sexually explicit material and reviewed sexually explicit files to determine whether they should be identified as “gay” or “straight” and added tags as needed.
Here, Io has presented no evidence suggesting that tracking (or verifying) users’ actual identity or that blocking their IP addresses is a more effective reasonable means of implementation. There is no material dispute that, while IP addresses identify a particular computer connected to the Internet, they do not distinguish between users (e.g., family members) who may share the same computer.
Essentially, the issue is whether Veoh is disqualified from Section 512(c)’s safe harbor because of automated functions that facilitate access to user-submitted content on its website. In the context of Veoh’s business, this appears to be a matter of first impression. Based on the record presented, this court concludes that Veoh is not disqualified from Section 512(c) safe harbor on this basis.
