Is motherless safe

Added: Irwin Reily - Date: 17.08.2021 16:46 - Views: 42578 - Clicks: 8559

Phone : Fax : Last week, in Ventura Content v. Motherlessthe U. In so doing, the Ninth Circuit undid some of the damage inflicted by its decision last year in Mavrix v. Motherless operates a website Motherless.

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Lange, the owner of Motherless, or a contractor, quickly reviewed each image or video to make sure it did not contain child pornography, bestiality, or copyright infringement. Not only did Motherless remove content when it received a notice claiming infringement, it also provided copyright owners with software tools to remove allegedly infringing material themselves, without sending a notice. Furthermore, Motherless used software to prevent users from re-ing deleted material.

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Ventura produces pornographic films. It claims that segments from 33 of its films were ed to the Motherless website. Rather than send takedown notices, it sued for infringement.

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Lange promptly removed the segments identified by Ventura in its lawsuit, and claimed that the DMCA sheltered him from damages. In rejecting this argument, the Ninth Circuit distinguished its decision last year in Mavrix v. Live Journal. LoopNetwhich permitted a real estate website operator to review user ed photographs to make sure they were of real estate.

Nonetheless, the Motherless decision is helpful in that it makes clear that filtering illegal material does not disqualify a website from the DMCA safe harbor.

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Further, the opinion makes clear that highlighting the most popular material does not render the storage at the direction of the website operator. The rest of the opinion is straightforward. It must be obvious that the particular material that is the subject of the claim is infringing. Shelter Capital and Columbia Pictures v. Additionally, the court found that rewarding ers of the most popular content did not constitute encouragement of the ing of infringing content. Finally, the court found that Motherless had adopted and reasonably implemented a policy for terminating the s of repeat infringers.

The panel was not troubled by the fact that Motherless did not have a written repeat infringer policy because Lange himself made all the determinations relating to infringing content. Judge Rawlinson, in a dissenting opinion, thought this was ridiculous. Not only did Is motherless safe have no written policy, but Lange kept no log of takedown notices, so he had no easy way of determining who was a repeat infringer. The panel, however, responded that Ventura failed to introduce evidence of a ificant of repeat infringers who escaped termination. Is motherless safe, even small websites would be well advised to maintain a written repeat infringer policy, as well as a log of takedown notices.

In sum, the Motherless decision makes clear that moderating a site for illegal content will not cause the site to lose its DMCA safe harbor. What are you interested in? address:. Please fill out this form and we will get in touch with you shortly. Intellectual Property. Load More. Intellectual Property The Internet enables the free exchange of ideas and content that, in turn, promote creativity, commerce, and innovation. However, a balanced approach to copyright, trademarks, and patents is critical to this creative and entrepreneurial spirit the Internet has fostered. Consequently, it is our belief that the intellectual property system should encourage innovation, while not impeding new business models and open-source developments.

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