The recent appellate decision in the long-running lawsuit brought by record labels and music publishers against MP3Tunes didn’t get a tremendous amount of attention, but Google, Facebook, eBay, Twitter and other digital giants are aghast at the result and warning of dire consequences without a do-over.
On Oct. 25, the 2nd Circuit Court of Appeals gave copyright holders some big victories by narrowing the circumstances whereby internet service providers can claim safe harbor from copyright liability.
Source: Internet Giants Warn of Mass User Terminations If Recent Appellate Ruling Left Untouched | Hollywood Reporter
The Digital Millennium Copyright Act shields a service provider from liability upon certain conditions including the adoption of such a policy. However, both sides debated whether certain MP3Tunes users truly qualified as “repeat infringers.” The trial judge held that only those who are “blatant infringers” are subject to banning, but Lohier agrees with the copyright holders that this doesn’t match with the text, structure or legislative history of the DMCA.
Tuesday’s opinion comes to the view that a definition of “repeat infringer as limited to willful infringement is too narrow,” and that a repeat infringer “does not need to know of the infringing nature of its online activities, or to upload rather than download content.”
Source: Content Industry Gets Favored Interpretation of “Repeat Infringers” in MP3Tunes Appeal | Hollywood Reporter