The 9th Circ.'s Surprising, Alarming DMCA Decision
By Terry Parker, Rath Young and Pignatelli PC ( May 11, 2017, 11:03 AM EDT) -- In case you missed it, last month, in Mavrix Photographs LLC v. LiveJournal Inc. , 2017 U. S. App. LEXIS 6028 (9th Cir. Cal. April 7, 2017), the Ninth Circuit delivered a notable decision on the immunities provided by the Digital Millennium Copyright Act, surprising a number of lawyers in the copyright community. The Electronic Frontier Foundation called the ruling "an unfortunate turn. "[1] Tech Dirt called it a "dangerous opinion. "[2] Fortune Magazine warned it "Raises New Copyright Risk for Websites. "[3] But is this decision really cause for such alarm? For some, yes. If your business model is a website that attracts eyeballs — and thus advertising revenue — that are drawn to your curated, quality content and you rely on the DMCA's notice-and-takedown procedures to protect you from infringement suits for that content, you need to be alarmed. The Ninth Circuit's LiveJournal decision heralds a definite shift in DMCA case law. . . .
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
