17 Cited authorities

Inwood Laboratories v. Ives Laboratories
456 U.S. 844 (1982) Cited 1,291 times 25 Legal Analyses
Holding that secondary liability for trademark infringement arises when a manufacturer or distributor intentionally induces another to infringe
Sony Corp. v. Universal City Studios, Inc.
464 U.S. 417 (1984) Cited 986 times 28 Legal Analyses
Holding identical copying of videotapes under unique circumstances of case “[did] not have its ordinary effect of militating against a finding of fair use”
A M Records, Inc. v. Napster, Inc.
239 F.3d 1004 (9th Cir. 2001) Cited 756 times 10 Legal Analyses
Holding that Napster could not invoke § 1008 as a defense to copyright infringement claims because its technology did not fit within the AHRA’s definitions
Perfect 10, Inc. v. Amazon.Com, Inc.
487 F.3d 701 (9th Cir. 2007) Cited 490 times 30 Legal Analyses
Holding that an online image search index was "highly transformative"
Perfect 10 v. Visa Intern
494 F.3d 788 (9th Cir. 2007) Cited 258 times 7 Legal Analyses
Holding that the court may "affirm on any ground supported by the record"
Gershwin Pub. Corp. v. Columbia Artists Man
443 F.2d 1159 (2d Cir. 1971) Cited 427 times 1 Legal Analyses
Holding that a defendant may "be held liable as a 'contributory' infringer if it were shown to have had knowledge, or reason to know, of the infringing nature of the records"
Columbia Pictures Indus., Inc. v. Fung
710 F.3d 1020 (9th Cir. 2013) Cited 110 times 4 Legal Analyses
Holding that "aspects of the inducing behavior that give rise to liability are relevant to the operation of some of the DMCA safe harbors and can, in some circumstances, preclude their application"
Gucci America, Inc. v. Frontline Processing Corp.
721 F. Supp. 2d 228 (S.D.N.Y. 2010) Cited 71 times 2 Legal Analyses
Finding this prong met where the plaintiff "generally allege[d] that Durango, Woodforest, and Nationwide hold themselves out as national, if not international companies"
Perfect 10, Inc. v. Cybernet Ventures, Inc.
213 F. Supp. 2d 1146 (C.D. Cal. 2002) Cited 73 times 6 Legal Analyses
Holding images and text on websites "are not statements at all—and thus fall outside the ambit of the hearsay rule"
Media.net Advertising FZ-LLC v. NetSeer, Inc.
156 F. Supp. 3d 1052 (N.D. Cal. 2016) Cited 17 times 1 Legal Analyses
Concluding that the plaintiff "makes conclusory assertions that [the defendant] copied the HTML code from [its] search results pages and does not explain how [the defendant] had access to it"
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,918 times 111 Legal Analyses
Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”
Section 502 - Remedies for infringement: Injunctions
17 U.S.C. § 502 Cited 1,493 times 3 Legal Analyses
Authorizing a court to enter a temporary injunction "on such terms as it may deem reasonable to prevent or restrain infringement of copyright"
Section 512 - Limitations on liability relating to material online
17 U.S.C. § 512 Cited 616 times 187 Legal Analyses
Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"

ALS Scan, Inc. v. Cloudflare, Inc. et al

17 Cited authorities

Holding that secondary liability for trademark infringement arises when a manufacturer or distributor intentionally induces another to infringe

Holding identical copying of videotapes under unique circumstances of case “[did] not have its ordinary effect of militating against a finding of fair use”

Holding that Napster could not invoke § 1008 as a defense to copyright infringement claims because its technology did not fit within the AHRA’s definitions

Holding that an online image search index was "highly transformative"

Holding that the court may "affirm on any ground supported by the record"

Holding that a defendant may "be held liable as a 'contributory' infringer if it were shown to have had knowledge, or reason to know, of the infringing nature of the records"

Holding that "aspects of the inducing behavior that give rise to liability are relevant to the operation of some of the DMCA safe harbors and can, in some circumstances, preclude their application"

Finding this prong met where the plaintiff "generally allege[d] that Durango, Woodforest, and Nationwide hold themselves out as national, if not international companies"

Holding images and text on websites "are not statements at all—and thus fall outside the ambit of the hearsay rule"

Concluding that the plaintiff "makes conclusory assertions that [the defendant] copied the HTML code from [its] search results pages and does not explain how [the defendant] had access to it"

Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

Authorizing a court to enter a temporary injunction "on such terms as it may deem reasonable to prevent or restrain infringement of copyright"

Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"