• by Wendy Davis  @wendyndavis, July 5, 2013

In a blow to Universal Music Group, a federal appeals court said it will not reconsider a ruling that cleared video-sharing service Veoh of copyright infringement.

The appellate judges didn't give a reason for their decision to reject the music company's request. The decision, issued late last week, leaves intact the 9th Circuit's Court of Appeals April ruling that Veoh qualified for the Digital Millennium Copyright Act's safe harbor provisions. Broadly, the safe harbors provide that companies offering online services aren't liable for infringement by users, as long as infringing material is removed upon the owner's request.

Universal unsuccessfully argued that the 9th Circuit's pro-Veoh opinion "effectively rewrites" the Digital Millennium Copyright Act by requiring content owners to police sites operated by Web service providers. The music company also argued that the ruling requires content owners to "incur the expense of continuously scouring hundreds of thousands (or indeed millions) of constantly changing internet websites, to attempt to locate copies of their works and then send take-down notices."

Universal's battle with Veoh dates to 2007, when the music company sued the video-sharing site for copyright infringement, based on clips uploaded by users. While the case was pending, Veoh declared bankruptcy and was absorbed by Qlipso Media Networks, but the litigation continued.

A trial judge ruled in favor of Veoh, and a three-judge panel of the 9th Circuit upheld that ruling in 2011. The 9th Circuit later agreed to issue a second opinion, but that ruling, issued in April, also came out in Veoh's favor. Universal then unsuccessfully asked the 9th Circuit to hear the case again, for what would have been the third time.