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MPAA isoHunt appeal

MPAA isoHunt appeal

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MPAA isoHunt appeal
MPAA isoHunt appeal

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Published by: torrentfreak on Mar 21, 2013
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03/26/2013

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patrol[]” content on its system); id. at 1022 (noting that

“[v]icarious copyright liability is an ‘outgrowth’ of

respondeat superior” (quoting Fonovisa, 76 F.3d at 262)).

The term “right and ability to control such activity” so

reflects, as it emphasizes a general, structural relationship and

speaks of “such activity,” not any particular activity.

We therefore hold that because Fung does not meet the

requirements of § 512(c)(1)(B), he is outside of the § 512(c)

safe harbor with respect to all infringement activity on the

sites that are the subject of this suit.

iii.“Information location tools” (17 U.S.C. § 512(d))

The last safe harbor Fung invokes provides:

A service provider shall not be liable for

monetary relief, or, except as provided in

subsection (j), for injunctive or other equitable

relief, for infringement of copyright by reason

of the provider referring or linking users to an

online location containing infringing material

or infringing activity, by using information

location tools, including a directory, index,

reference, pointer, or hypertext link, if the

service provider—

(1) (A) does not have actual

knowledge that the material or activity

is infringing;

(B) in the absence of such

actual knowledge, is not aware of

Case: 10-55946 03/21/2013 ID: 8559238 DktEntry: 65-1 Page: 53 of 59

COLUMBIA PICTURES INDUSTRIES V. FUNG

54

facts or circumstances from which

infringing activity is apparent; or

(C) upon obtaining such

knowledge or awareness, acts

expeditiously to remove, or disable

access to, the material;

(2) does not receive a financial benefit

directly attributable to the infringing

activity, in a case in which the service

provider has the right and ability to

control such activity; and

(3) upon notification of claimed

infringement as described in

subsection (c)(3), responds

expeditiously to remove, or disable

access to, the material that is claimed

to be infringing or to be the subject of

infringing activity, except that, for

purposes of this paragraph, the

information described in subsection

(c)(3)(A)(iii) shall be identification of

the reference or link, to material or

activity claimed to be infringing, that

is to be removed or access to which is

to be disabled, and information

reasonably sufficient to permit the

service provider to locate that

reference or link.

17 U.S.C. § 512(d).

Case: 10-55946 03/21/2013 ID: 8559238 DktEntry: 65-1 Page: 54 of 59

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