9th Circ. Says Aereo Didn't Nix Copyright 'Volitional' Rule

Law360, New York (January 23, 2017, 9:25 PM EST) -- The Ninth Circuit ruled Monday that adult website operator Perfect 10 Inc. couldn't directly sue an online service provider over images illegally shared by users over its network, rejecting the argument that the U.S. Supreme Court's Aereo ruling had removed the so-called "volitional conduct" requirement for such claims.

Perfect 10, best known in the world of copyright law for bringing unsuccessful lawsuits against Amazon and Google that led to landmark rulings, had accused Giganews Inc. of directly infringing adult images that were shared over the company's so-called Usenet message service.

But on Monday, the Ninth Circuit flatly rejected those claims, reiterating...

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