Reading the Tea Leaves: ISP Obligations After The Second Circuit’s Viacom v. YouTube Decision (2012)

Introduction Although the Digital Millennium Copyright Act (DMCA) does not require service providers to actively monitor their sites for infringing content, a provider with” knowledge” of infringing activities must act quickly to remove or disable access to these materials. Knowledge comes in two flavors- – actual and imputed – -but after the Second Circuit’s decision,
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Fair Housing Council v. Roommates.com: Ninth Circuit Creates Dangerous New Standard For Website Content Liability (2008)

In a case with far-reaching implications for interactive websites and other online service providers, the U.S. Court of Appeals for the Ninth Circuit, in Fair Housing Council v. Roommates.com, (No. 04-57173, 9th Cir. 2008), recently stripped the defendant website’s conduit immunity under the Communications Decency Act of 1996 [CDA], concluding that the site had materially
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MGM v. Grokster: The U.S. Supreme Court Will Revisit Sony-Betamax (2005)

At the end of March 2005, the Supreme Court will hear oral argument in MGM v. Grokster, reviewing a decision of the U.S. Court of Appeals for the Ninth Circuit and reconsidering the continued viability of the landmark Sony-Betamax case in the new millennium. Since Sony-Betamax, it has been well-settled that manufacturers and distributors are not vicariously liable for
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MGM v. Grokster: The U.S. Supreme Court Decision (2005)

On June 27, 2005 on a copyright ruling, nine justices of the Supreme Court agreed, in MGM v. Grokster, that the distributors of devices capable of both lawful and unlawful uses are liable for the infringing acts of third parties, where, as shown by clear expression or other affirmative steps, the distributors promote the infringement. Distinguishing Sony,
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