Split 9th Circ. Tosses Porn Co. Copyright Suit

Law360 (March 14, 2018, 8:48 PM EDT) -- A split Ninth Circuit panel ruled Wednesday that a site hosting user-uploaded pornography was protected by Digital Millennium Copyright Act’s so-called safe harbors, even though it lacked a written policy to terminate users who repeatedly infringed copyrights.

In a published 2-1 decision penned by U.S. Circuit Judge Andrew J. Kleinfeld, the majority found that Motherless.com did adhere to a policy, even if it was an unwritten, to get rid of users who repeatedly uploaded infringing copyright of porn producers, like plaintiff Ventura Content.

The upload website is owned and operated by one man, Joshua Lange, and therefore a written policy would not be...

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