Mitch Stoltz, a staff attorney at the Electronic Frontier Foundation, said he had not seen a suit like NMPA’s before, but at the same time it didn’t surprise him. He compared the case to instances of groups like the American Society of Composers, Authors and Publishers or Broadcast Music Inc. filing suit against restaurants or bars for playing music without a license to do so. That happens “all the time,” he said in an interview.
The NMPA case against Fullscreen is tricky though, Stoltz said, because it will require the court to determine how much of the content curation is done by Fullscreen.
“Can anyone post, or does Fullscreen select the videos? That makes a difference,” Stoltz said.