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ARTICLE · 15 MARCH 2017

Usenet Server Owners, Operators Are Not Directly Or Secondarily Liable For Copyright Infringement

Perfect 10 owns thousands of adult images, many of which have been illegally distributed over Giganews' servers.

United StatesIntellectual Property

Addressing copyright infringement issues, the US Court of Appeals for the Ninth Circuit affirmed the district court's summary judgment in defendants' favor on direct, vicarious and contributory infringement claims. Perfect 10, Inc. v. Giganews, Inc., et al., Case Nos. 15-55500; -55523; -56026 (9th Cir., Jan. 23, 2017) (Nelson, J).

Giganews owns and operates several Usenet servers. "Usenet" is a collection of people and organizations whose computers are connected to one another and can therefore exchange messages. Giganews provides its subscribers access to content that Giganews stores on its own servers, as well as content stored on other Usenet providers' servers. The content offered through the Giganews servers is almost entirely provided by Usenet users. Livewire Services (together with Giganews, the defendants) provides its subscribers with access to the Usenet content stored on Giganews' servers but does not own any Usenet servers.

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