Perfect 10, Inc. v. CCBill, Inc.

488 F.3d 1102 (2007)

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Perfect 10, Inc. v. CCBill, Inc.

United States Court of Appeals for the Ninth Circuit
488 F.3d 1102 (2007)

  • Written by Jack Newell, JD

Facts

CCBill (defendant) was a company that provided payment-processing services for subscription-based websites. Perfect 10, Inc. was a magazine publisher and owner of perfect10.com. Perfect 10 sent correspondence to CCBill informing CCBill that it was infringing on Perfect 10’s copyrights by acting as a payment processor for websites illegally publishing photos belonging to Perfect 10. CCBill claimed its service was protected by the safe-harbor provision of the Digital Millennium Copyright Act (DMCA). CCBill maintained that it had a system whereby parties could submit complaints about infringing material, which CCBill would then investigate. CCBill also had a system in place to flag and remove repeat infringers. Perfect 10 sued CCBill in federal district court claiming copyright infringement. The district court ruled in CCBill’s favor, finding that it had reasonably implemented a system to prevent infringement. Perfect 10 also had submitted evidence that other complaints by third parties were not properly handled, but the court found this evidence to be irrelevant. Perfect 10 appealed to the Ninth Circuit.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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