The operator of a file-hosting service was not eligible for safe harbor protection under federal law for infringing content posted by its users, the U.S. District Court for the Southern District of Florida has ruled (Disney Enters., Inc. v. Hotfile Corp., S.D. Fla., 1:11-cv-20427-AJ, 9/20/13).
Granting summary judgment Sept. 20 on the safe harbor question, the court also concluded that the service was liable for vicarious copyright infringement for its users’ acts. Furthermore, the court determined that a principal of the file-hosting service could be held personally liable for his company’s acts.
The court also allowed the defendant ...
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