Michael Elkin, managing partner of Winston & Strawn's New York office, will defend Veoh Networks in an appeal by UMG Recordings regarding safe harbour protection for ISPs in the U.S.
In September 2009, Veoh, an internet broadcasting service, won summary judgment because the network had satisfied the safe harbour protection requirements under the Digital Millennium Copyright Act (DMCA). Veoh Networks, now out of business, was not awarded attorneys' fees for the case.
On April 28, 2010, Mr. Elkin told Managing Intellectual Property, "A loss at the appellate level would be a serious setback for those internet companies. We intend to fight the case and convince the Ninth Circuit that the parameters the district court set for safe harbour protection under the Digital Millennium Copyright Act are the correct ones."
Mr. Elkin is a litigator who focuses on sophisticated legal issues involving emerging technologies.