Flava Works, Inc. (Flava) (plaintiff) created homoerotic videos of black men and sold them online. Flava’s customers were allowed to download videos from Flava’s server to their personal computers for non-commercial use. myVidster (defendant) was an online bookmarking service that allowed users to bookmark a video and create a public link to that bookmarked video. No videos were uploaded to myVidster. myVidster acted only as a service to link viewers to videos hosted on other servers. Some Flava customers downloaded videos that they had purchased from Flava. Then the customers uploaded Flava’s videos to a server and linked the videos to myVidster for public viewing. Flava sued myVidster for contributory infringement of Flava’s copyrighted videos. Flava also asked for a preliminary injunction against myVidster while the lawsuit was pending. The district court granted the preliminary injunction. myVidster appealed.