Narrative Opinion Summary
In this appellate case before the United States Court of Appeals for the Ninth Circuit, Perfect 10, Inc., a publisher of adult entertainment content, challenged CCBill LLC and Cavecreek Wholesale Internet Exchange (CWIE) over alleged copyright infringements, trademark violations, and state law claims, including unfair competition and false advertising. The district court originally ruled in favor of the defendants, granting them protections under the Digital Millennium Copyright Act (DMCA) and Communications Decency Act (CDA). Perfect 10 appealed the decision, and the court of appeals reviewed the district court's summary judgment de novo. The court affirmed, reversed, and remanded various aspects of the case. It upheld the DMCA safe harbor protections for CCBill and CWIE, finding Perfect 10's infringement notices insufficiently compliant with statutory requirements. However, it remanded the case to examine the defendants' repeat infringer policy concerning non-party copyright holders. The court also upheld CDA immunity for state claims but reversed it concerning the right of publicity. The district court's denial of attorney's fees was affirmed, and the question of whether CCBill and CWIE operated the website hornybees.com, potentially infringing Perfect 10's copyrights, remains unresolved pending further proceedings.
Legal Issues Addressed
Attorney's Fees under the Copyright Actsubscribe to see similar legal issues
Application: The district court's decision to deny attorney's fees to defendants was affirmed, as Perfect 10's claims were not deemed frivolous or objectively unreasonable.
Reasoning: The district court previously denied defendants' request for fees, having properly assessed these factors.
CDA Immunity for Service Providerssubscribe to see similar legal issues
Application: CCBill and CWIE are granted immunity under the Communications Decency Act for state claims related to unfair competition and false advertising, but not for the right of publicity claims.
Reasoning: CCBill and CWIE are eligible for CDA immunity concerning the state claims made by Perfect 10.
Copyright Infringement - Direct Liabilitysubscribe to see similar legal issues
Application: Perfect 10 raised a genuine issue of material fact regarding whether CCBill and CWIE directly infringed on its copyrights concerning the website hornybees.com.
Reasoning: Perfect 10 has established a genuine issue of material fact regarding copyright infringement by hornybees.com.
DMCA Notice Requirementssubscribe to see similar legal issues
Application: Perfect 10 failed to provide effective DMCA notices as required by Section 512(c)(3), lacking necessary elements such as a sworn statement of authority.
Reasoning: Perfect 10's communications fail to meet the substantial compliance requirements of § 512(c)(3) of the DMCA, lacking essential elements and containing technical errors.
DMCA Safe Harbor Provisionssubscribe to see similar legal issues
Application: The service providers, CCBill and CWIE, qualify for DMCA safe harbor protections as they have implemented a repeat infringer policy, and Perfect 10's notices of infringement did not comply with the statutory requirements.
Reasoning: Perfect 10's notices did not sufficiently comply with § 512(c)(3)'s requirements, thereby failing to establish a genuine issue regarding the reasonableness of the policies.