Breached CDA Bar Puts Online Services At Risk

Law360 (April 17, 2009, 12:00 AM EDT) -- On March 25, 2009, the Southern District of New York issued a ruling in Atlantic Recording Corp. v. Project Playlist, No. 1:08-cv-03922-DC, denying defendant Playlist’s motion to dismiss plaintiffs’ state law copyright infringement and unfair competition claims.

In its ruling, the court found that the Communications Decency Act ("CDA") does not apply to state or common law copyright claims (such as those that protect sound recordings fixed prior to 1972).

The recent decision diverges from the Ninth Circuit’s 2007 ruling in Perfect 10 Inc. v. CCBill...
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