$38 Million Dollar DMCA case - thrown out

[handsonhosting]

We all remember the thread back in September where two hosts were hist with a $32 million DMCA verdict in Calfirornia. Read more on the thread at: http://www.hostingdiscussion.com/we...osts-hit-32-million-infringement-verdict.html

Well here comes a new player to the game:

This host was hit with a $38 Million dollar DMCA Violation (also in California) and WON.

http://www.thewhir.com/blog/David_Snead/100209_How_to_avoid_the_38_million_jury_verdict

The basics of it are that the DMCA was filed incorrectly, and as such the host was not responsible for complaints that didn't link specifically to the copyrighted material.

I wonder if the previous case in Calfironia for the $32 will get overturned now based on the new case. Both claimed "Safe Harbor" so I guess we'll see.

 

[SenseiSteve]

The two cases have some similarities, but I don't believe the first host implemented the same DMCA complaint procedures. The appeal should be interesting.

 

[Fellow]

I agree with Steve, the appeal will be interesting to say the least. I am sure there will be a great deal of drama (or should I say more drama) brought about since these are such huge cases.