January 10, 2010

No Safe Harbor for Secondary Infringements

Los Angeles counsel Paul Gelb authored an article for The Daily Journal explaining the recent summary judgment ruling on the issue of secondary copyright infringement. The California trial court in Columbia Pictures Industries, Inc. v. Fung confirmed that “peer to peer” internet file sharing cannot be conducted without breaching the Copyright Act. Paul’s article delves into the court’s reasoning, attempting to clarify the previously uncertain issue of whether the Digital Millennium Copyright Act safe harbor provisions apply to secondary infringement as they do to claims of direct infringement.

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