Fourth U.S. Appeals Court, Richmond, should rehear Internet copyr...
Fourth U.S. Appeals Court, Richmond, should rehear Internet copyright infringement suit because its decision would place undue burden on Internet service providers (ISPs), according to amicus brief filed by Inktomi, U.S. Internet Industry Assn., Verizon. Appeals Court in Nov.…
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decided RemarQ Communities must remove allegedly copyrighted material from its service even though copyright holder, adult Web site ALS Scan, didn’t comply with all conditions of Digital Millennium Copyright Act (DMCA). Decision means ISPs would be “caught between the Scylla of facing potential liability under the copyright law and the Charybdis of ensuring their obligations to their users and the automated, high-speed nature of Internet operations,” amicus brief said, and “seriously undermines the safe harbor provision” of DMCA. It said DMCA notice provisions requiring ISPs to remove copyrighted material was result of “an arduously negotiated notice and takedown procedure” by which Congress carefully balanced interests of parties. Appeals Court said RemarQ was provided with adequate notice of copyright violation, even though notice didn’t meet 3 of 6 requirements. “A notice lacking these elements forces a service provider to individually inspect and guess which of literally thousands of postings in a given news group are infringing,” amicus brief said. Appeals Court said ALS “substantially complied with the notification requirement.”