Late last month, the Ninth Circuit Court of Appeals came out with an important decision, Perfect 10 v. CCBill (PDF), that required it to interpret and apply both the Digital Millenium Copyright Act and Section 230 of the Communications Decency Act — two of the most important U.S. provisions governing conduct on the Live Web. Jason Schultz, Professor Goldman, and Joe Gratz all have good summaries of the details.First, see Jason’s rundown of the parties and facts of the case:Background: Perfect 10 publishes adult entertainment magazines and websites. Many third-party websites post Perfect 10 images without permission. CCBill et al provide hosting and credit card services to those sites. Perfect 10 sued CCBill et al. for assisting in the infringement of their copyrights and associated state claims, such as violating the rights of publicity of Perfect 10 models. CCBill raised, among other defenses, the DMCA Safe Harbors and Section 230 of the CDA. Next, there’s a lot of meat to the opinion and I encourage you to check out all three of the discussions linked above. But the most interesting part of the decision to me, particularly in the context of the pending Viacom v. YouTube suit, is the court’s… Read full this story
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Perfect 10 v. CCBill: "direct financial benefit" means infringing material must draw users, says Ninth Circuit have 329 words, post on www.zdnet.com at April 12, 2007. This is cached page on Law Breaking News. If you want remove this page, please contact us.