Split Appeals Decision Highlights Rift Over DMCA Notice Handling

Split Appeals Decision Highlights Rift Over DMCA Notice Handling

PASADENA, Calif. — A two-to-one split vote in the U.S. Circuit Court for the Ninth Circuit last week spotlighted the ongoing controversy over internet infrastructure companies' responsibility for illegal content. Two of the three judges on the panel sided with data-center service Steadfast Networks LLC over copyright owners ALS Scan Inc.

Friday’s decision endorsed server farm operator Steadfast Network's view that it had done its due diligence by forwarding Digital Millennium Copyright Act (DMCA) notices issued by ALS Scan for pirated content to the platform that had hosted them.

That platform, ImageBam.com, was cited in a Bloomberg Law report as having become “a hub for infringing adult content.” However, the Ninth Circuit panel’s narrow majority was convinced that Steadfast Networks had done enough to combat infringement by forwarding the DMCA notices to ImageBam, resulting in “timely removal of the material.”

The split decision, the Bloomberg Law reporter commented, “highlights the question of how much responsibility the DMCA places on operators of internet infrastructure to address repeated infringement via their services.”

A central issue was what the litigants referred to as “the whack-a-mole problem,” a result of the DMCA’s notice-and-takedown provisions that has led to endless infringer-chasing for copyright owners.

“We are sympathetic to ALS’s ‘whack-a-mole problem,’” the court admitted in the unpublished (i.e., not to be quoted as precedent) opinion, “but we are persuaded by the specific facts of this case that Steadfast’s ‘simple measures’ are enough.”

Steadfast, the opinion continued, “forwarded each notice to ImageBam’s owner, and every infringing work was taken down. Nor is there evidence that Steadfast had any other simple measures at its disposal. Steadfast did not operate, control or manage any functions of ImageBam.com. It could not supervise, access, locate or delete ImageBam accounts. It had no way of knowing, based on a URL hyperlink contained in the notices of copyright infringement, where the infringing works or the ImageBam accounts responsible for illegal uploads were located on [the] servers.”

The panel heard the case “de novo” — “anew” in Latin — a common appeals strategy in civil and small claim cases where one of the parties continues to fight a case after a ruling against them. The trial de novo request asks to set aside the decisions from a lower court and re-try the case.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Dirty Cinema Launches New Paysite 'MILFuckd'

Dirty Cinema has launched a new paysite, MILFuckd.com, on its network.

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

AEBN Publishes Popular Seraches by Country for September, October

AEBN has released its list of popular searches from its straight and gay theaters in all 50 states and the District of Columbia.

Avery Jane Featured on 'Adult Time Podcast'

Avery Jane is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills.

FSC: Kansas Law Firm Threatens Adult Site Over Age Verification

The Free Speech Coalition (FSC) has been notified that Kansas law firm Mann Wyatt Tanksley has sent a letter threatening an adult website with a lawsuit for breaking the state's age verification law.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Trump Nominates Project 2025 Contributor, Section 230 Foe to Chair FCC

President-elect Donald Trump has nominated, as his pick to head the Federal Communications Commission, Brendan Carr — an author of Project 2025 who has called for gutting Section 230 protections.

Show More