03-21-2013, 09:28 PM
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Confirmed User
Industry Role:
Join Date: Aug 2007
Posts: 6,697
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Quote:
summary*
copyright
the panel affirmed in part and vacated in part the district
court?s judgment in favor of film studios, which alleged that
the services offered and websites maintained by the
defendants induced third parties to download infringing
copies of the studios? copyrighted works.
Affirming the district court?s summary judgment, the
panel held that under metro-goldwyn-mayer studios, inc. V.
Grokster ltd., 545 u.s. 913 (2005), the defendants were
liable for contributory copyright infringement on an
inducement theory because the plaintiffs established (1)
distribution of a device or product, (2) acts of infringement,
(3) an object of promoting the product?s use to infringe
copyright, and (4) causation in the defendants? use of the
peer-to-peer file sharing protocol known as bittorrent.
The panel held that the defendants were not entitled to
protection from liability under any of the safe harbor
provisions of the digital millennium copyright act,
including safe harbors provided by 17 u.s.c. § 512(a), (c),
*
this summary constitutes no part of the opinion of the court. It has
been prepared by court staff for the convenience of the reader.
Columbia pictures industries v . Fung
3
and (d) for transitory digital network communications,
information residing on systems or networks at direction of
users, and information location tools. The panel nonetheless
rejected the argument that inducement liability is inherently
incompatible with protection under the safe harbors.
Reversing and modifying in part the district court?s
permanent injunction, the panel held that certain provisions
of the injunction were too vague to meet the notice
requirements of fed. R. Civ. P. 65(d), and certain provisions
were unduly burdensome.
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