Its petition is pending. The court says: What the fuck is it? It may be hard to imagine how a site with so many subscribers and uploads could have so few repeat infringers, and how it could screen so effectively. He is especially careful to look for and screen out material from one producer who threatened to sue him for infringement.
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Bittersweet DMCA Safe Harbor Defense Win in Ninth Circuit–Ventura v. Motherless (Catch-Up Post)
Supplement Wars! We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. While the Court noted that theoretically Motherless had some right of control in that it could have taken down all of its content and shut down the website, this factor of the DMCA requires something more, i. Thus, the Ninth Circuit concluded that Motherless had established that it could avail itself of the safe harbor provision and affirmed summary judgment in its favor. The defendants did not have actual or apparent knowledge that the clips were infringing, and they expeditiously removed the infringing material once they received actual or red flag notice of the infringement. After material is removed pursuant to a takedown notice, Motherless employs software to prevent users from reposting the offending material. LiveJournal, Inc.
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And to compound the offense, Ventura never sent Motherless c 3 takedown notices. Implications This is a helpful ruling for platforms in several respects. To embed, copy and paste the code into your website or blog:. The district court granted summary judgment in favor of Motherless and Lange on the federal copyright claim. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy jdsupra.
Information from third parties such as, from your employer or LinkedIn: Bad News: With an opinion like this, why would a site even bother reviewing for copyright infringement? I'm sure I don't want to know. Over the last decade, Motherless deleted more than 4. Safe Harbors.