The 9th Circ.'s Surprising, Alarming DMCA Decision
By Terry Parker, Rath Young and Pignatelli PC (May 11, 2017, 11:03 AM EDT) -- In case you missed it, last month, in Mavrix Photographs LLC v. LiveJournal Inc., 2017 U.S. App. LEXIS 6028 (9th Cir. Cal. April 7, 2017), the Ninth Circuit delivered a notable decision on the immunities provided by the Digital Millennium Copyright Act, surprising a number of lawyers in the copyright community. The Electronic Frontier Foundation called the ruling "an unfortunate turn."[1] Tech Dirt called it a "dangerous opinion."[2] Fortune Magazine warned it "Raises New Copyright Risk for Websites."[3] But is this decision really cause for such alarm? For some, yes. If your business model is a website that attracts eyeballs — and thus advertising revenue — that are drawn to your curated, quality content and you rely on the DMCA's notice-and-takedown procedures to protect you from infringement suits for that content, you need to be alarmed. The Ninth Circuit's LiveJournal decision heralds a definite shift in DMCA case law....
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