HSW Helps Secure Favorable DMCA Ruling for Post University in Learneo Copyright Infringement Case

January 30, 2024

Harris St. Laurent & Wechsler LLP helped secure a favorable Digital Millennium Copyright Act (DMCA) ruling for Post University in the institution’s ongoing copyright infringement case against Learneo, Inc., a subscription-based course materials platform. Partners Yonaton Aronoff and Alisha McCarthy, along with Jaclyn Newman and Ashley Robinson, represent the Connecticut-based university alongside co-counsel Timothy Johnson of Getz Balich LLP and Benjamin Lehberger of Dilworth IP.

Although Learneo agreed to produce evidence allegedly supporting its DMCA compliance in handling content takedown requests, HSW and co-counsel argued the company should also furnish unfavorable evidence that might rebut Learneo’s claimed compliance. The court agreed, granting Post University access to two data tables relating to Learneo’s DMCA “safe harbor” defenses.

"Learneo Inc. has been trying to use the DMCA safe harbor as a sword and a shield — claiming they're entitled to safe harbor protections while blocking access to information needed to test their actual compliance with the DMCA," Aronoff said in a statement to Law360. "The court's ruling properly allows Post to test that defense."

Post University has brought claims in Connecticut federal court against Learneo (formerly known as Course Hero) alleging direct, contributory and vicarious copyright infringement; violations of the Digital Millennium Copyright Act; trademark infringement; unfair competition and unjust enrichment. The university asserts that Learneo’s platform allows users to upload and download unauthorized copies of its course materials, exams and other university-owned educational materials, and that it hides those materials behind a paywall to prevent copyright holders from policing their works.