Data Center Avoids Copyright Liability By Forwarding DMCA Notices to Its Customer–ALS Scan v. Steadfast
…on a prior district court ruling. The court doesn’t mention this explicitly, but ALS Scan is seeking to impose tertiary liability on Steadfast. The primary infringer is the uploading user….
FOSTA Constitutional Challenge Revived–Woodhull Freedom Foundation v. US
…of standing, but it’s a terrifying discussion for the statutory interpretation more generally. Literally, the court is saying that FOSTA could reach tertiary defendants, i.e., the sex worker (the primary…
Top Internet Law Developments of 2019
…sex trafficking claims against Internet services (only occasionally using FOSTA) in ways that I can’t believe Congress intended. The claims rely on strained tertiary liability theories, i.e., suing a defendant…
Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v. Salesforce
…tertiary liability for sex trafficking. The advertisers, such as pimps, are the primary tortfeasors; Backpage would be liable for supporting the pimps; Salesforce would be liable for supporting Backpage in…
Bittersweet DMCA Safe Harbor Defense Win in Ninth Circuit–Ventura v. Motherless (Catch-Up Post)
…ALS Scan’s emails are sufficient to raise a triable issue on knowledge. The court rejects CloudFlare’s claim that there is no tertiary liability. The court says CloudFlare’s caching services qualify…
Are Internet Access Providers Liable for Their Subscribers’ Copyright Infringements?–UMG v. Grande
…Internet access, and the court rightly says that argument would sweep in all IAPs. Thus, the court dismisses the vicarious copyright infringement claim. Tertiary Liability. Patriot says UMG is trying…
Catching Up on 512 Safe Harbor Cases (and Other Online Copyright Cases) From the Past Year
…“use” of Perfect 10’s trademarks. David v. CBS Interactive Inc., 2:11-cv-09437-DSF-JC (C.D. Cal. Feb. 19, 2013). Prior blog post. This is a troublesome “tertiary liability” case. The plaintiff seeks to…
Video Embedding Site Isn’t a Contributory Copyright Infringer, But Sideloading Could Be Direct Infringement–Flava Works v. myVidster
…or help users copy or distribute the infringing videos. Posner sidesteps the concerns from amici Google and Facebook about possible “tertiary” liability, saying myVidster didn’t commit contributory liability and that…
Offering P2P File-Sharing Software for Downloading May Be Copyright Inducement–David v. CBS Interactive
…used it in unknown ways, but presumably some of them used it to infringe. This sets up a “tertiary liability” claim against Download.com, where the software users are (in theory)…
Nov.-Dec. 2011 Quick Links, Part 2 (Extended IP Edition)
…Shows Hollywood Is Thriving * David v. CBS complaint. Tertiary infringement re-redux: Download.com sued again for secondary copyright infringement for distributing LimeWire and BitTorrent clients. * A Singapore newspaper sued…