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“We are sympathetic to ALS’s ‘whack-a-mole problem,’” the court admitted in the unpublished (i.e., not to be quoted as precedent) opinion, “but we are persuaded by the specific facts of this case that Steadfast’s ‘simple measures’ are enough.”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 © 2025 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

TeamSkeet, MYLF to Launch New Website FamilyStrokes.com

Sister studios TeamSkeet and MYLF are launching a new website, FamilyStrokes.com.

Age Verification Watch: Mainstream Exposure, Ofcom Sets a Date

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the country. In the meantime, state legislatures continue to weigh and pass AV bills, AV tech providers continue to tout their services, and legal challenges continue to play out in the courts — with some cases on hold pending the SCOTUS ruling in Paxton.

Segpay Names Kristi Greer VP of Sales

Segpay has promoted long-time employee Kristi Greer to the position of vice president of sales.

BranditScan Names Subgirl Newest Brand Ambassador

BranditScan has named content creator Subgirl its newest brand ambassador.

Arcom Reports Age Verification Enforcement Actions Against 5 Adult Sites

French media regulator Arcom released a statement Tuesday detailing recent actions to enforce age verification rules as set forth under France’s Security and Regulation of the Digital Space (SREN) law.

Pineapple Support, Clips4Sale to Host Performers' Partners Support Group

Pineapple Support and Clips4Sale are hosting a free online support group for partners and family members of adult industry professionals.

FSC Mourns the Loss of Board Director Emeritus Mark Kernes

Free Speech Coalition has released a statement regarding the passing of Board Director Emeritus Mark Kernes.

Alexa Creed Launches New Paysite

Creator Alexa Creed has launched a new membership site through MyMember.site.

Choice Talent Management Launches Fan Platform 'ChoiceFilmz'

Choice Talent Management CEO Chris Crisco has launched a new fan platform called ChoiceFilmz.

Dredd to Launch Official Site

Dredd has announced his new website OfficialDreddXXX.com, launching April 20.

Show More