Perfect Solution

Norm Zada wants to single-handedly save the movie industry, record companies, major newspapers--virtually all content-based businesses. If only the courts will let him.

For the past decade content companies have been fighting an uphill battle against massive online copyright infringement. Although companies have brought thousands of lawsuits against those directly responsible for infringements, online piracy continues to grow.

The 9th Circuit ruled 2-1 that the credit card companies were not liable for contributory copyright infringement because they did not "materially contribute" to the infringements. What is wrong with this reasoning?
Some of panel just doesn't get it. It is not the policy of the U.S. to aid and abet those who profit from massive theft. ... We know what happens to someone who is fencing stolen property. There is civil and criminal liability. But if you are fencing $50 billion of stolen IP, you don't even have any civil liability, according to this panel.

It is unbelievable. ... According to the majority of the panel, this doesn't contribute to infringement, even though we allege that these infringing Web sites wouldn't be in business without these credit card systems. ... The ruling makes no sense and is a horrific departure from prior interpretations of contributory infringement. The standard here would vitiate contributory liability.


Steven Seidenberg

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