Volume II

Issue : 24: December 16, 2004

• Internet Pharmacies to Operate Legally in Manitoba
• New Laws Target Video Voyeurs
• Court of Appeals Considers Notice and Take Down Provision Under the DMCA
• Commerce Ones Web Services Patents Auctioned for $15.5M (U.S.)
• U.S. Supreme Court Addresses Statutory Fair Use Defense in Trademark Case
• Generic Domain Grabbing not Unethical, German Court Rules
• Canadian Privacy Commissioner Issues Spam Decision
• U.S. Supreme Court Rules that ExPolice Officers Pornographic DVDs not Protected Free Speech

Home > Volume II > Issue 24: December 16, 2004 > Court of Appeals Considers Notice and Take Down Provision Under the DMCA

Court of Appeals Considers Notice and Take Down Provision Under the DMCA

The United States Court of Appeals for the Ninth Circuit released its decision in Rossi v. Motion Picture Association of America Inc. where the Court considered the notice and take down provision in the Digital Millennium Copyright Act of 1998. MPAA followed the notice and take down procedure prescribed in the DMCA advising Rossi, the owner of internetmovies.com, and his Internet service provider that MPAA's copyrighted movies were being made available on internetmovies.com without MPAA's permission. Rossi brought an action against the MPAA and argued that MPAA should have determined whether it was actually possible to download copyrighted movies from his site before demanding that his ISP take the website down. The Court ruled that the good faith requirement for the notice and take down provision encompasses a subjective, rather than objective, standard of conduct. Applying this subjective good faith standard, the Court concluded that the MPAA had a good faith belief that internetmovies.com was making MPAA's copyrighted movies available online without its permission.

For copy of the decision, visit:

http://caselaw.findlaw.com/data2/circs/9th/0316034P.pdf