Split Appeals Decision Highlights Rift Over DMCA Notice Handling

Split Appeals Decision Highlights Rift Over DMCA Notice Handling

PASADENA, Calif. — A two-to-one split vote in the U.S. Circuit Court for the Ninth Circuit last week spotlighted the ongoing controversy over internet infrastructure companies' responsibility for illegal content. Two of the three judges on the panel sided with data-center service Steadfast Networks LLC over copyright owners ALS Scan Inc.

Friday’s decision endorsed server farm operator Steadfast Network's view that it had done its due diligence by forwarding Digital Millennium Copyright Act (DMCA) notices issued by ALS Scan for pirated content to the platform that had hosted them.

That platform, ImageBam.com, was cited in a Bloomberg Law report as having become “a hub for infringing adult content.” However, the Ninth Circuit panel’s narrow majority was convinced that Steadfast Networks had done enough to combat infringement by forwarding the DMCA notices to ImageBam, resulting in “timely removal of the material.”

The split decision, the Bloomberg Law reporter commented, “highlights the question of how much responsibility the DMCA places on operators of internet infrastructure to address repeated infringement via their services.”

A central issue was what the litigants referred to as “the whack-a-mole problem,” a result of the DMCA’s notice-and-takedown provisions that has led to endless infringer-chasing for copyright owners.

“We are sympathetic to ALS’s ‘whack-a-mole problem,’” the court admitted in the unpublished (i.e., not to be quoted as precedent) opinion, “but we are persuaded by the specific facts of this case that Steadfast’s ‘simple measures’ are enough.”

Steadfast, the opinion continued, “forwarded each notice to ImageBam’s owner, and every infringing work was taken down. Nor is there evidence that Steadfast had any other simple measures at its disposal. Steadfast did not operate, control or manage any functions of ImageBam.com. It could not supervise, access, locate or delete ImageBam accounts. It had no way of knowing, based on a URL hyperlink contained in the notices of copyright infringement, where the infringing works or the ImageBam accounts responsible for illegal uploads were located on [the] servers.”

The panel heard the case “de novo” — “anew” in Latin — a common appeals strategy in civil and small claim cases where one of the parties continues to fight a case after a ruling against them. The trial de novo request asks to set aside the decisions from a lower court and re-try the case.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Tera Patrick to Host 2025 XMAs Red Carpet Livestream

Adult industry icon Tera Patrick has been tapped to host the 2025 XMAs red carpet preshow livestream, marking another milestone in her storied career.

2025 XBIZ Show Speaker Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ LA, the latest edition of North America’s largest adult industry conference, set to take place Jan. 13-16 at the Kimpton Everly Hotel in Hollywood.

FSC: Tennessee Age Verification Law Goes Into Effect as Appeals Court Grants Stay

Free Speech Coalition (FSC) has released a statement regarding the Protect Tennessee Minors Act, the state's new age verification law, which will now go into effect because the 6th Circuit Court of Appeals has lifted a district court's preliminary injunction against enforcement.

Adult Creative Debuts 'Fans4u' Fansite Template

Web design and marketing firm Adult Creative has launched its new Fans4u fansite template.

FSC Publishes Its 2024 Annual Report

The Free Speech Coalition (FSC) has announced the publication of its annual report for 2024.

Director Andrew Blake Relaunches Site

Famed veteran director Andrew Blake has relaunched his official website.

Eva Maxim Leads AEBN's 'Top 10 Trans Stars' of 2024

AEBN has revealed its top trans stars of 2024 based on scene and movie sales, with Eva Maxim in the number one spot.

Pineapple Support Launches 'Spill the Tea Romania' Event Series

Pineapple Support has launched the Spill the Tea Romania community event.

Segpay Adds SEPA Payment Solution

Segpay has added a SEPA (Single Euro Payments Area) option to its direct payments solutions.

Hentaied Launches Fetish Sites Smoking Hawt, Tickling Launch

Two new fetish paysites, SmokingHawt.com and Tickling.com, have officially launched from the creator of Hentaied.com."Smoking has always been one of the most popular fetishes," said a rep. "The ability to get off just by watching someone smoke is one of the oldest fetishes."

Show More