Usenet is an online bulletin board network. A user gains access to Usenet posts through a commercial

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Usenet is an online bulletin board network. A user gains access to Usenet posts through a commercial service. One such service is Giganews, Inc. Although Giganews deletes or blocks posts that contain child pornography, it does not otherwise monitor content. Perfect 10, Inc., owns the copyrights to tens of thousands of images, many of which have been illegally posted on Usenet through Giganews. When Perfect 10 notified Giganews of posts that contained infringing images, the service took them down. Despite these efforts, illegal posting continued. Perfect 10 filed a suit in a federal district court against Giganews, alleging copyright infringement. [ Perfect 10, Inc. v. Giganews, Inc., 847 F.3d 657 (9th Cir. 2017)] (See Copyrights.)

(a) Is Giganews liable for copyright infringement? Do Internet service providers have an ethical duty to do more to prevent infringement? Why or why not?

(b) Using the IDDR approach, decide whether a copyright owner has an ethical duty to protect against infringement.

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Business Law Text And Cases

ISBN: 9780357129630

15th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller

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