The piracy battle has been raging for quite a few years now. Content companies have been quick on the lawsuit trigger against tech services companies with claims of copyright infringement but it seems that San Francisco’s 9th U.S. District Court of Appeals may have settled the matter. At least, temporarily.
This week, the Court handed the adult content company, Platform 10, along with the Recording Industry Association, yet another defeat in a long trail of aggressive litigation that the adult content company has been widely known for. Platform 10 publishes photographs of naked women and its latest legal battle concerned its lawsuit against a company called Giganews. Apparently Giganews published Platform 10 photos at its servers for distribution despite being formally told to take them down.
The court rules that plaintiffs need to demonstrate “volitional conduct” when trying to demonstrate that a tech services company had flagrantly infringed upon copyright protections. In the past, Platform 10 has gone after some deep pockets including the likes of Amazon and Google. In this case, Platform 10 sued Giganews when their formal attempts to have their content removed went ignored. A lower district court ruled against them and ordered Platform 10 to pay court costs and fees to Giganews which totaled $5.6 million. The 9th Circuit judges were no more sympathetic than the lower court judges were. A similar and previous U.S. Supreme Court ruling did not consider “volitional conduct” so the Recording Industry Association decided to join the fray and get an exact ruling with regard to that apparent legality.
9th Circuit Court justice Dorothy Nelson wrote that, “The sole evidence Perfect 10 points to in support of its argument that Giganews was not merely a passive host shows only that images and thumbnails were accessed through the Giganews platform. The evidence does not demonstrate that Giganews — as opposed to the user who called up the images — caused the images to be displayed. Perfect 10 failed to show that the distribution does not happen automatically. Indeed, an analysis of Perfect 10’s evidence shows only that users uploaded infringing content onto Giganews servers, not that Giganews played any sort of active role in causing the distribution.”
PHOTO CREDIT: YouTube
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