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Website hosting provider Steadfast won its court case against adult entertainment publisher ALS Scan. Steadfast was accused of providing hosting for known pirate site operators by ALS Scan because Steadfast refused to shutdown the servers for Imagebam.com which is owned by its parent company Flixya. Instead of capitulating to the demands of ALS Scan to shutdown the website, Steadfast forwarded the copyright infringement notices to Flixya who in turn removed the copyrighted material.
Hosting provider Steadfast is not liable for the copyright-infringing activities that took place on the server of a customer. A California District Court has dismissed all copyright and trademark infringing claims filed by ALS Scan, concluding that the hosting provider did enough to curb copyright infringement
Because Steadfast took the steps to address the copyright infringement concerns of ALS Scan by forwarding the notices to Flixya and then Flixya in turn removed the images; Judge Wu ruled in favor of Steadfast. If Flixya had knowingly continued to host the infringing copyrighted images without addressing the concerns of ALS Scan, combined with Steadfast having knowledge of this and then continuing to provide their hosting services to Flixya, then Steadfast would have been liable for the copyright infringement.
I thought that the judge in this case was very fair to Steadfast. While it is unfortunate that users continue to upload copyrighted images to the website that they are hosting, it is not the hosting company's legal issue unless they are complicit by not addressing copyright concerns. It was obvious that Steadfast did what was necessary and that Flixya isn't intentionally hosting pirate material as they removed the copyrighted material as they received the notices from ALS Scan. Common sense prevailed again! Thanks cageymaru.
Hosting provider Steadfast is not liable for the copyright-infringing activities that took place on the server of a customer. A California District Court has dismissed all copyright and trademark infringing claims filed by ALS Scan, concluding that the hosting provider did enough to curb copyright infringement
Because Steadfast took the steps to address the copyright infringement concerns of ALS Scan by forwarding the notices to Flixya and then Flixya in turn removed the images; Judge Wu ruled in favor of Steadfast. If Flixya had knowingly continued to host the infringing copyrighted images without addressing the concerns of ALS Scan, combined with Steadfast having knowledge of this and then continuing to provide their hosting services to Flixya, then Steadfast would have been liable for the copyright infringement.
I thought that the judge in this case was very fair to Steadfast. While it is unfortunate that users continue to upload copyrighted images to the website that they are hosting, it is not the hosting company's legal issue unless they are complicit by not addressing copyright concerns. It was obvious that Steadfast did what was necessary and that Flixya isn't intentionally hosting pirate material as they removed the copyrighted material as they received the notices from ALS Scan. Common sense prevailed again! Thanks cageymaru.