by Mike Masnick
Tue, Aug 14th 2012 8:24pm
We recently wrote about the (somewhat surprising) ruling by Judge Posner in the 7th Circuit appeals court's Flava Works vs. myVidster case, in which Posner pointed out that a site providing links to infringing content is not infringing. He actually ruled that just watching the videos or embedding them are not direct infringement either. As we noted that seemed to have direct bearing on a number of other cases out there, including the criminal charges against Rojadirecta (and against TVShack's Richard O'Dwyer). It appears that Rojadirecta's lawyers wasted little time in letting the judge in their cases know about the ruling. While Rojadirecta's fight is in the 2nd Circuit, hopefully this helps the courts to recognize how ridiculous the governments' charges are. Even if they don't quite agree with Posners' ruling, just the fact that there are significant questions over whether or not linking/embedding are legal, should raise significant questions about the "willfulness" needed to show criminal copyright infringement.
If you liked this post, you may also be interested in...
- Ford Dealership Swipes Game Image For Ad, Thinks It's Kosher Because It Came From A DMCA Compliant Site
- Malibu Media Sues Its Former Lawyer Over Missing Funds, Breach Of Bar Rules
- Hillary Clinton's Intellectual Property Platform: Too Vague & Confusing
- BitTorrent Uploader Ordered To Pay $1.5 Million After Not Showing Up In Court
- Oops: After Seizing & Censoring Rojadirecta For 18 Months, Feds Give Up & Drop Case