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https://ilt.eff.org/index.php/Copyright:_Digital_Millennium_... Cases interpreting the “knowledge disqualifier” include Perfect 10 v. CCBill, 488 F.3d 1102, 1114 (9th Cir. 2007) (noncompliant notices do not count toward knowledge, use of “illegal” or “stolen” in domain name does not create red flag knowledge for hosting service); Io Group v. Veoh Networks, 586 F.Supp.2d 1132, 1148 (N.D. Cal. 2008) (“[A]pparent knowledge requires evidence that a service provider turned a blind eye to ‘red flags’ of obvious infringement.”); Corbis v. Amazon, 351 F. Supp. 2d 1090, 1108-09 (W.D. Wash. 2004) (neither general knowledge of infringement on the site nor third party notices are not enough to constitute a “red flag”); Hendrickson v. Amazon, 298 F. Supp. 2d 914, 917 (C.D. Cal. 2003) (Amazon lacked prospective knowledge of infringing DVD sales, even after rights holder informed it that the title in question had never been released on DVD); Hendrickson v. eBay, 165 F. Supp. 2d 1082, 1093 (C.D. Cal. 2001). That said, MU might, in fact, be liable if it can be shown that they were aware of specific acts of infringement and did nothing, which some of the emails may, in fact, establish. After that, there's some question of how broadly the loss of safe harbor applies. I'm not sure that you lose all safe harbor protections for all infringement if you fail any particular red flag test. It seems to me that you ought to lose safe harbor only for those specific acts of infringement. But IANAL, and I'm not sure that point has ever been ruled on, so maybe we'll find out. |