infringer
December 13th, 2004, 03:15 AM
9th Circuit Gives Unmade Movie DMCA Protection
Posted by mike on December 7, 2004 at 7:11 PM (printer friendly)
Ninth Circuit Court Ruling Gives Unmade Movie Future Protection Under DMCA
KAHULUI, Hawaii, Dec. 7 /PRNewswire/ -- The following is being issued by
InternetMovies.com:
The Ninth Circuit Court of Appeals ruled that good faith belief under the
Digital Millennium Copyright Act (DMCA) is subjective, not objective. The
underlying suit against the Motion Picture Association of America (MPAA) was
brought by Michael Rossi, President of InternetMovies.com Inc., in April 2002
for the wrongful shut down of his web site in 2001. The higher court affirmed
the lower court's ruling, holding that the MPAA was not liable to Rossi on the
tortious interference claim because its actions complied with the "notice and
takedown" provisions of the DMCA, and were "within the boundaries of decency."
The MPAA claimed that, in 2001, http://www.InternetMovies.com made
available for illegal download the third installment of The Lord of the Rings,
not finished until 2003. The MPAA issued a cease and desist order to
InternetMovies.com's ISP to shut down the site. This proves the MPAA
communications with Rossi's ISP were unreasonable and outrageous and without
just cause or excuse and beyond all bounds of decency under the DMCA. The
higher court of appeals decision to side with the MPAA dangerously sets a
precedent that a subjective good faith belief that infringing activity is
occurring is protected by the DMCA, allowing anyone to claim infringement
without proper evidence or investigation. This is an obvious failure of the
court to interpret the good faith belief and to review proof of the alleged
violation in this case.
The courts must have overlooked that Rossi could not have made a movie
downloadable 3 years in the future shows that the MPAA was not within the
boundaries of decency and should not have ruled in favor of the MPAA.
Rossi is requesting a rehearing and if that is denied will ask for an En
banc, but believes that if this truly is the interpretation to be given to the
DCMA, it could violate the First Amendment and therefore be struck down as
unconstitutional. Rossi will then seek review by the U.S. Supreme Court.
InternetMovies.com is calling for membership support to continue the fight
against further abuse of the DMCA good faith belief in shutting down more
innocent people.
SOURCE: http://internetmovies.com/ .INC
Posted by mike on December 7, 2004 at 7:11 PM (printer friendly)
Ninth Circuit Court Ruling Gives Unmade Movie Future Protection Under DMCA
KAHULUI, Hawaii, Dec. 7 /PRNewswire/ -- The following is being issued by
InternetMovies.com:
The Ninth Circuit Court of Appeals ruled that good faith belief under the
Digital Millennium Copyright Act (DMCA) is subjective, not objective. The
underlying suit against the Motion Picture Association of America (MPAA) was
brought by Michael Rossi, President of InternetMovies.com Inc., in April 2002
for the wrongful shut down of his web site in 2001. The higher court affirmed
the lower court's ruling, holding that the MPAA was not liable to Rossi on the
tortious interference claim because its actions complied with the "notice and
takedown" provisions of the DMCA, and were "within the boundaries of decency."
The MPAA claimed that, in 2001, http://www.InternetMovies.com made
available for illegal download the third installment of The Lord of the Rings,
not finished until 2003. The MPAA issued a cease and desist order to
InternetMovies.com's ISP to shut down the site. This proves the MPAA
communications with Rossi's ISP were unreasonable and outrageous and without
just cause or excuse and beyond all bounds of decency under the DMCA. The
higher court of appeals decision to side with the MPAA dangerously sets a
precedent that a subjective good faith belief that infringing activity is
occurring is protected by the DMCA, allowing anyone to claim infringement
without proper evidence or investigation. This is an obvious failure of the
court to interpret the good faith belief and to review proof of the alleged
violation in this case.
The courts must have overlooked that Rossi could not have made a movie
downloadable 3 years in the future shows that the MPAA was not within the
boundaries of decency and should not have ruled in favor of the MPAA.
Rossi is requesting a rehearing and if that is denied will ask for an En
banc, but believes that if this truly is the interpretation to be given to the
DCMA, it could violate the First Amendment and therefore be struck down as
unconstitutional. Rossi will then seek review by the U.S. Supreme Court.
InternetMovies.com is calling for membership support to continue the fight
against further abuse of the DMCA good faith belief in shutting down more
innocent people.
SOURCE: http://internetmovies.com/ .INC