Usenet Providers Not Liable for Infringing Racy Pics

Jan. 25, 2017, 12:17 AM

Companies that charge for access to online discussion groups are not liable for direct infringement of copyrights in racy images, the U.S. Court of Appeals for the Ninth Circuit ruled Jan. 23 (Perfect 10, Inc. v. Giganews, Inc., 2017 BL 18018, 2017 BL 18018, 9th Cir., No. 15-56026, 1/23/17).

The service provider in this case, Giganews Inc., managed to win based on a 21-year-old doctrine without resorting to the safe harbors for online service providers set forth in the Digital Millennium Copyright Act of 1998, which is in Section 512 of the Copyright Act.

Because Giganews won without ...

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