Michael Elkin, managing partner of Winston & Strawn's New York office, was quoted in an April 30 Corporate Counsel article, entitled "Not Dead Yet: Veoh's Big Copyright Win Outlives Company." The article notes that Mr. Elkin will continue to represent Veoh Networks, Inc. in its lawsuit with Universal Music Group (UMG). Elkin defended Veoh, an internet broadcasting service, in a copyright infringement suit and secured its summary judgment win against UMG in September 2009.
The appeal is of much interest to many online companies accused of copyright infringement, including YouTube (currently being sued by Viacom Inc.), because the ruling found Veoh exempt from copyright liability as a result of the safe harbour protection requirements under the Digital Millennium Copyright Act (DMCA).
Veoh no longer exists as an operating video-sharing website company, having sold its assets to an Israeli startup. Elkin commented that the case has consumed him for the past three years and that he and his Winston team are "working mightily" to prepare their reply brief.
Mr. Elkin is a widely recognized litigator who focuses on sophisticated legal issues involving emerging technologies.