copyright law has no “extra-territorial” force, what is happening here is a bit more complex than what the average ISP does. Cloudflare’s activities constituted fair use.Except for one website, all the pirate websites were locate outside the United States, so U.S.(Citation omitted) The Court reasoned that the FAC’s allegations that Cloudflare’s CDN services made it faster and easier for users to access infringing images, and that consumers seeking access to infringing images retrieved the images from the closest Cloudflare data center rather than the primary host, were sufficient to state a claim for material contribution under Ninth Circuit precedent.” 5Ĭloudflare sought to have the remaining case against them tossed out of court. “Plaintiff had plausibly pled secondary liability based on a material contribution theory. The Court, in a previous ruling, dismissed most of the case, but let the claim for contributory infringement stand. In this fashion Cloudflare acts as a firewall protecting pirate sites and their hosts from legal recourse by copyright owners.” 3ĪLS Scan claims it sent “numerous” notices to Cloudflare regarding the infringements being perpetrated by Cloudflare clients, but Cloudflare ignored the notices and continued to provide services to the pirate sites. refuses to disclose the identity of the primary host and site owner. When presented with a notice of infringement, however, Cloudflare. indicate that the sites reside on a Cloudflare server in Phoenix, Arizona. The domain registration information for some of the pirate sites. In addition, the alleges that Cloudflare’s DNS services “allow pirate sites and their hosts to conceal their identity from copyright owners. This purportedly results in a client’s website content loading twice as fast for website users, regardless of where the users are located. “According to Plaintiff, service allows consumers seeking to access a Cloudflare client’s website to retrieve the website’s content from the closest Cloudflare data center, rather than accessing the content from the primary host. The Plaintiff’s allegations are summed up by the Court as follows: 2 The allegations of the complaint are that by providing CDN services to 13 pirate websites, Cloudflare is guilty of contributory infringement of the copyrighted photographs of the Plaintiff. Will a Porn Website Sting Cloudflare for Contributory Copyright Infringement?Ĭloudflare, the most notorious purveyor of internet peek-a-boo, 1 found itself back in Court again, this time on the receiving end of a lawsuit brought by porn website ALS Scan.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |