Court Says DMCA Users Don't Need To Investigate Sites They Take Down
from the wait-a-second... dept
Yet another ridiculous ruling surrounding the always popular DMCA rule. This one says that a copyright holder does not need to "investigate" the site they claim is distributing their copyrighted works, as long as they have a "good faith" belief that the site is infringing. This means that a group like the MPAA or the RIAA could force a site to shutdown without even looking at it. The actual case was about a company named InternetMovies.com that offered movie trailers online (something you would think the movie industry would appreciate - since it is free publicity). However, the MPAA accused them of distributing the actual full-length movies in violation of the DMCA and ordered a takedown. InternetMovies points out that if anyone just looked at their site, they would realize there was no infringement going on, but the court has said that doesn't matter. The MPAA's scraping bots believed there were illegal downloads, and (thanks to the DMCA) that's all that's necessary. This is particularly scary considering that the RIAA recently admitted (though, after some denial) that they've been sending out takedown notices accidentally when no infringement was occurring. Once again, the DMCA is pushing the belief that, in the eyes of the entertainment industry, everyone is guilty (and deserves to be punished) until proven innocent.
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Man accused of "Time Travel" by the MPAA takes his
InternetMovies.com Files Petition with U.S. Supreme Court in Case Against the Motion Picture Association of America to Change the Good Faith Provision of the DMCA KAHULUI, Hawaii, April 19, 2005 (PRIMEZONE) -- Michael Jay Rossi, President of InternetMovies.com Inc., has filed a Writ of Certiorari to the U.S. Supreme Court to review his case "Rossi vs. Motion Picture Association of America (MPAA)" for the wrongful shutdown of his Website, http://www.InternetMovies.com in 2001. The Ninth Circuit Court ruled that good faith belief under the Digital Millennium Copyright Act (DMCA) is subjective and not objective. According to Rossi, "The Ninth Circuit Court's subjective interpretation of good faith belief stated in the DMCA is unconstitutional, allowing copyright holders to abuse people's rights without conducting proper investigation on alleged violations." In the Ninth Circuit ruling, Judge Johnnie B. Rawlinson states, "Applying the subjective good faith standard of #512(c) and viewing the record in the light most favorable to Rossi, Rossi failed to raise a genuine issue of material fact regarding the MPAA's violation of the DMCA." http://www.internetmovies.com/DMCA_9th_circuit_ruling_04.htm According to Rossi, his attorney James Fosbinder did indeed raise a genuine issue of material fact regarding the MPAA's violation of the DMCA. Fosbinder states in his Appellant's Opening Brief to the 9th Circuit Court, "Plaintiff Rossi did not ever offer any movies for download from his site, contrary to the MPAA's express statements to the contrary in their violation letters, and in fact he could not have done so given the server space available for his site at that time. Interestingly, one of the movies he was accused of having available for download in 2001, 'Lord of the Rings, The Return of the King' did not even come out until December of 2003!" http://www.internetmovies.com/rossi-vs-mpaa-opening-brf-9th-circuit.htm In the Ninth Circuit ruling, Judge Johnnie B. Rawlinson also states, "The record reflects that the MPAA's actions were certainly not beyond all bounds of decency in communicating with Rossi and Rossi's ISP." Rossi's question to the Supreme Court now is, "How can the MPAA's communication that I was distributing a movie from 3 years in the future not be beyond all bounds of decency in communicating with me and my ISP?" Rossi believes, "The Ninth Circuit had to have overlooked my attorneys opening brief, which pointed out my alleged time travel abilities!" According to Rossi, "My fear is that if the Ninth Circuit court's ruling that the DMCA Good Faith standard is subjective is not overturned, is that copyright owners will continue to abuse the law unjustly shutting down online publications like mine giving them an unfair advantage in the marketplace and abridging free speech. Also in danger is the right given by the Fifth Amendment to due process in cases of lost life, liberty or property. The freedom to defend oneself is being curtailed by the 'shoot now, ask later' style of shutting people down when offenses may not be occurring. Any industry or person should not have the power to curb the rights of another under the protection of the DMCA's subjective interpretation of good faith belief." CONTACT: InternetMovies.com Inc. Michael Jay Rossi, President (808) 283-2885 FreeThePress@InternetMovies.com
[ link to this | view in chronology ]
Man accused of "Time Travel" by the MPAA takes his
InternetMovies.com Files Petition with U.S. Supreme Court in
Case Against the Motion Picture Association of America to
Change the Good Faith Provision of the DMCA
KAHULUI, Hawaii, April 19, 2005 (PRIMEZONE) -- Michael Jay Rossi,
President of InternetMovies.com Inc., has filed a Writ of Certiorari to
the U.S. Supreme Court to review his case "Rossi vs. Motion Picture
Association of America (MPAA)" for the wrongful shutdown of his
Website, http://www.InternetMovies.com in 2001. The Ninth Circuit Court
ruled that good faith belief under the Digital Millennium Copyright Act
(DMCA) is subjective and not objective. According to Rossi, "The Ninth
Circuit Court's subjective interpretation of good faith belief stated
in the DMCA is unconstitutional, allowing copyright holders to abuse
people's rights without conducting proper investigation on alleged
violations."
In the Ninth Circuit ruling, Judge Johnnie B. Rawlinson states,
"Applying the subjective good faith standard of #512(c) and viewing the
record in the light most favorable to Rossi, Rossi failed to raise a
genuine issue of material fact regarding the MPAA's violation of the
DMCA." http://www.internetmovies.com/DMCA_9th_circuit_ruling_04.htm
According to Rossi, his attorney James Fosbinder did indeed raise a
genuine issue of material fact regarding the MPAA's violation of the
DMCA. Fosbinder states in his Appellant's Opening Brief to the 9th
Circuit Court, "Plaintiff Rossi did not ever offer any movies for
download from his site, contrary to the MPAA's express statements to
the contrary in their violation letters, and in fact he could not have
done so given the server space available for his site at that time.
Interestingly, one of the movies he was accused of having available for
download in 2001, 'Lord of the Rings, The Return of the King' did not
even come out until December of 2003!"
http://www.internetmovies.com/rossi-vs-mpaa-opening-brf-9th-circuit.htm
In the Ninth Circuit ruling, Judge Johnnie B. Rawlinson also states,
"The record reflects that the MPAA's actions were certainly not beyond
all bounds of decency in communicating with Rossi and Rossi's ISP."
Rossi's question to the Supreme Court now is, "How can the MPAA's
communication that I was distributing a movie from 3 years in the
future not be beyond all bounds of decency in communicating with me and
my ISP?" Rossi believes, "The Ninth Circuit had to have overlooked my
attorneys opening brief, which pointed out my alleged time travel
abilities!"
According to Rossi, "My fear is that if the Ninth Circuit court's
ruling that the DMCA Good Faith standard is subjective is not
overturned, is that copyright owners will continue to abuse the law
unjustly shutting down online publications like mine giving them an
unfair advantage in the marketplace and abridging free speech. Also in
danger is the right given by the Fifth Amendment to due process in
cases of lost life, liberty or property. The freedom to defend oneself
is being curtailed by the 'shoot now, ask later' style of shutting
people down when offenses may not be occurring. Any industry or person
should not have the power to curb the rights of another under the
protection of the DMCA's subjective interpretation of good faith
belief."
CONTACT: InternetMovies.com Inc.
Michael Jay Rossi, President
(808) 283-2885
FreeThePress@InternetMovies.com
[ link to this | view in chronology ]