Advanced Copyright Law on the Internet

from logging onto certain newsgroups, such as those containing pornographic material.^2394 The plaintiff ALS Scan, Inc. (ALS Sca ...

than as a motion for summary judgment, it had failed to take into account the allegation in the complaint that RemarQ had actual ...

information. In addition, it noted that material at the site could be identified as ALS Scan’s material because the material inc ...

In sum, the ALS Scan case reflected a rather low threshold of knowledge of infringing activity, at least under the specific fact ...

considered when evaluating whether the service provider had actual or constructive knowledge of the infringing activity.^2415 Be ...

The court rejected two other arguments offered by the plaintiff concerning why he should not be required to supply eBay with spe ...

indicate potentially infringing activity.^2427 The court rejected these arguments, first noting the Catch 22 that would arise if ...

substantially comply with the technical notice requirements of Section 512(c). The OSP can, of course, receive actual or constru ...

meet” case^2435 that was relied on by the Ninth Circuit in the Napster I case,^2436 that once it had given LoopNet notice of spe ...

The court then turned to a detailed analysis of whether CoStar was entitled to the benefit of the Section 512(c) safe harbor. As ...

material that is claimed to be infringing or to be the subject of infringing activity.” Second, under Section 512(i)(1)(A), it m ...

also ruled that LoopNet did not receive a direct financial benefit from the infringing activity because LoopNet did not charge a ...

proposition that the bare claim of infringement by a copyright holder does not necessarily give rise to knowledge of an infringe ...

text and photographs.”^2463 The first registration read “compilation, text, and photographs,” but under the description of the w ...

pendency of the proceedings, with no possibility of discontinuing such status after a time interval.^2471 Subsequent to the dist ...

amount of policing for future infringements an OSP may be required to do may depend upon the level of knowledge it possesses con ...

webmasters could not simply move infringing materials from site to site. Instead, Cybernet had only removed from its search engi ...

Cybernet’s vicarious liability (see Section II.C.3(d) above),^2485 although it agreed with the Hendrickson v. eBay and CoStar co ...

notification of a representative list of copyright works being infringed, rather than always requiring an exact itemization of t ...

judgment on the ground that it was not liable for direct infringement, since the movie had not been sold by Amazon, and that it ...