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ExtraTorrent.cc > Articles > US Hosting Provider Denied Liability for Client’s Infringement

US Hosting Provider Denied Liability for Client’s Infringement

US Hosting Provider Denied Liability for Client’s Infringement

Added: Friday, February 10th, 2017
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ISP, Download, BitTorrent, MPAA, RIAA, copyright-infringement, file-sharing, Torrenting
Adult publisher ALS Scan sued a hosting company from Chicago, claiming that the latter is responsible for the actions of its client ImageBam. However, the hosting company, Steadfast, argues that it's protected by the DMCA's safe harbor.

It is an eternal mantra of copyright holders that the third-party Internet services are responsible for actions of pirates, even though they didn’t infringe anything themselves but merely provided their services to pirates. The copyright owners believe that search engines, Internet service providers, domain name registrars, hosting providers, advertisers and other intermediaries should all do more to prevent online piracy.

As such, adult entertainment publisher ALS Scan took several third-party services to court – in particular, advertising network JuicyAds, CDN provider CloudFlare, and a number of hosting providers, Steadfast being one of them. The latter refused to take on the liability and asked the court to dismiss the case, pointing out that it was protected by the DMCA’s safe harbor provisions. The company explained that it didn’t operate or manage the pirate website or communicate with its individual users – instead, the hosting provider only offers computer storage.

In response, ALS Scan insists that Steadfast should have stopped the copyright infringements on ImageBam and cannot hide behind “safe harbor” protection because of its failure to enforce a repeat infringer policy. The adult publisher also claims that the hosting provider financially benefited from the draw of infringement on the website of its client, and thus could not claim DMCA safe harbors. In its turn, Steadfast argued that the repeat infringer argument couldn’t be applied here, because the company was not able to control the actions of ImageBam users, among other things.

The District Court will soon decide which side is right in this situation, but it must be said that aside from Steadfast, a few other defendants, including CloudFlare, are also trying to turn the case in their favor. Although ALS Scan is not a major copyright owner, this case may appear vital for many online services in the US, because an entire industry can be put at risk if a service provider loses its safe harbor protection.

Thanks to TorrentFreak for providing the source of the article.

Posted by: 

Date:  Friday, February 10th, 2017

Comments (6) (please add your comment »)

posted by (2017-02-11 09:51:18)
hp694 avatarWelcome to the New World Order.....

posted by Turtle (2017-02-11 16:49:16)
Mike_Oxhard avatarIt's a real shame that our tax dollars are being spent on this kind of nonsense.
What's next? Suing car companies for accidents that happen on our highways?
Suing the government for having highways in the first place?
At least those lawsuits would have a measurable loss, but they would probably be dismissed as frivolous lawsuits.
Alleged losses from shared data are purely hypothetical losses, allowing someone to sue for lost money that they never had.
Maybe you should be able to sue Publisher's Clearinghouse if you don't win?, that would be a hypothetical loss.
A vast majority of down loaders wouldn't buy the DVD anyways.
They'd rent it (or borrow it) and rip it, or they'd Pay Per View (or premium channel it) and DVR it, or they'd NetFlix it and HDRip it.
A lot of them have already paid to see the content in a movie theater anyways.
I've got 150 VHS tapes and 350 DVDs collecting dust in my living room, they are taking up way too much space and it's actually become a storage nightmare.
So I've stopped buying them, instead, we go to the movie theater.
If we see a movie we like, we might download it when it becomes available.
Trust me, the local theaters and Hollywood are getting plenty of my money already.
If I decide I want a copy, it's just way more convenient to store digital copies on my 2TB USB drive and so much easier to deal with.

posted by Warned (2017-02-11 20:44:52)
No avataroh wow this is just sad man the dumbest thing ive heard a company do all year so far besides nintendo

posted by (2017-02-14 05:23:36)
amebix avatarAint this like suing a gun company because a mother lost her son in a drive-by?

Or the company that makes the ammo?


posted by Turtle (2017-02-15 01:47:21)
Mike_Oxhard avatarThe MPAA should sue Al Gore.
If he hadn't "invented" the Internet, then piracy wouldn't be so widespread.
They might as well blame him for Porn too.

posted by Trusted UploaderSite FriendET junkieET loverSupermanmenSun (2017-02-15 22:37:00)
analogkid6103 avatarIts there own fault, they make it and peeps take it. Guess they should blame themselves.
I know that sounds ridiculous but that is the logic they are using.

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