On December 20, 2011, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court decision that provides unwarranted immunity to website operators who tolerate and profit from copyright infringement. The decision was a setback for the Washington Legal Foundation, which filed a brief in the case urging reversal of the district court’s decision. At issue on appeal was whether Veoh qualifies for a safe harbor created by the Digital Millennium Copyright Act of 1998 (DMCA). The district court had earlier held that Veoh’s enterprise falls within the DMCA safe harbor, which entitles Veoh to absolute immunity from monetary damages resulting from its facilitation of copyright piracy. WLF disagreed and argued in its brief that Congress enacted the DMCA to bolster copyright protection and to provide carefully sculpted safe harbors for Internet service providers who, unlike Veoh, have no knowledge or awareness of infringing content passing through their services and no stake in it.