Flava Works Inc. v. Gunter

Flava Works Inc. v. Gunter

Jesse Russell Ronald Cohn

     

бумажная книга



ISBN: 978-5-5146-3045-5

High Quality Content by WIKIPEDIA articles! Flava Works, Inc v. Gunter is a decision by the United States Seventh Circuit Court of Appeals, authored by Judge Richard Posner, which held that Marques Gunter, the sole proprietor of the site www.myVidster.com, a social bookmarking website that enables its users to share videos posted elsewhere online through embedded frames, was not liable for its users` sharing and embedding of copyrighted videos. The court of appeals reversed the decision of the United States District Court for the Northern District of Illinois, which had granted a preliminary injunction against myVidster, citing sufficient knowledge of infringement on Gunter`s part, while denying safe harbor defense under the Digital Millennium Copyright Act (DMCA). The Court held that Gunter was not directly liable because the copyrighted content was not stored on myVidster`s servers, and was not contributorily liable because there was no evidence that conduct by myVidster increased the amount of infringement.