United States Ninth Circuit

In an action brought by a publisher of an adult entertainment magazine and the owner of a subscription website alleging defendants violated copyright, trademark, and state laws by providing services to websites that posted images stolen from plaintiff, a district court judgment is affirmed in part and reversed in part where: 1) a remand was necessary for a threshold determination of whether defendants reasonably implemented a policy under the Digital Millennium Copyright Act (DMCA) based on its treatment of non-party copyright holders; 2) a remand was required for a determination as to whether a website was owned by either defendant and whether they are directly liable for its operation; and 3) the district court erred in part in ruling as to Communications Decency Act immunity on a right of publicity claim.

Appellate Information

• Argued 12/04/2006
• Decided 03/29/2007
• Published 03/29/2007

Judges

• Before:  STEPHEN REINHARDT, ALEX KOZINSKI, MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Daniel J. Cooper, General Counsel, Perfect 10, Inc., Beverly Hills, CA, and Jeffrey N. Mausner, Berman, Mausner & Resser, A Law Corporation, Los Angeles, CA, for the plaintiff-appellant/cross-appellee., Jay M. Spillane, Fox & Spillane, LLP, Los Angeles, CA, and John P. Flynn, Tiffany & Bosco, P.A., Phoenix, AR, for the defendants-appellees/cross-appellants.