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posted by martyb on Tuesday October 12 2021, @10:45AM   Printer-friendly
from the slow-grind dept.

Cloudflare doesn’t have to cut off copyright-infringing websites, judge rules:

Cloudflare is not liable for the copyright infringement of websites that use its content-delivery and security services, a federal judge ruled yesterday.

Cloudflare was sued in November 2018 by Mon Cheri Bridals and Maggie Sottero Designs, two wedding dress manufacturers and sellers that alleged Cloudflare was guilty of contributory copyright infringement because it didn't terminate services for websites that infringed on the dressmakers' copyrighted designs. The companies sought a jury trial, but Judge Vince Chhabria yesterday granted Cloudflare's motion for summary judgment in a ruling in US District Court for the Northern District of California.

Chhabria noted that the dressmakers have been harmed "by the proliferation of counterfeit retailers that sell knock-off dresses using the plaintiffs' copyrighted images" and that they have "gone after the infringers in a range of actions, but to no avail—every time a website is successfully shut down, a new one takes its place."

[...] While the ruling resolves the lawsuit's central question in Cloudflare's favor, the judge scheduled a case management conference for October 27 "to discuss what's left of the case."

[...] A defendant is liable for contributory copyright infringement if it has knowledge of another's infringement and materially contributes to or induces that infringement, the judge noted in his ruling against the dressmakers. "Simply providing services to a copyright infringer does not qualify as a 'material contribution,'" he wrote. "Rather, liability in the Internet context follows where a party 'facilitate[s] access' to infringing websites in such a way that 'significantly magnif[ies]' the underlying infringement."

Although a defendant can be found to materially contribute to copyright infringement if it acts as "an essential step in the infringement process," this should not be interpreted too broadly, the judge wrote.


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  • (Score: 4, Interesting) by vux984 on Tuesday October 12 2021, @11:13PM

    by vux984 (5045) on Tuesday October 12 2021, @11:13PM (#1186525)

    "Why can't they kick off copyright violators?"

    They could if they wanted, they aren't legally required to.

    "If there was a mall somewhere that is known for kicking out any business that voted GOP. "

    What on earth does that have to do with anything?

    "Now, a business in that mall is selling knock off dresses. The guy who they are making counterfeits from keeps getting them shutdown but they just keep remaking the company in the same rented stall. IE Knockoff, LLC to Knockoff1, LLC Shouldn't this mall be responsible for facilitating this obvious fraud once they are notified?"

    Why stop at the land lord for leasing them space?

    Why not go after
    - The delivery trucks responsible for delivering the dresses to the store, and the shipping and rail companies for selling them container space and transporting it?
    - And the telephone company should be held responsible for providing them services that they use to place and receive orders, conduct credit card payments
    - And the banks should be responsible for providing them banking services...
    - And Staples should be on the hook because they sell them the paper they use in their receipt printers
    - And the security company should be responsible for protecting these knockoffs from shoplifters

    And its super odd to go after them only for knock offs... what if they sell legitimate products but then cheat on their taxes? Or fail to properly declare their imports at customs? Or use sweatshop labor? Or discriminate against someone? Or get caught dumping trash somewhere?

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