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Ninth Circuit: Shared IP Address Not Enough to Dole Liability in Copyright Infringement (US)

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Ninth Circuit: Shared IP Address Not Enough to Dole Liability in Copyright Infringement (US)

Postby MrFredPFL » Mon Aug 27, 2018 10:10 pm

Story : https://www.law.com/therecorder/2018/08/27/ninth-circuit-shared-ip-address-not-e





The owner of a shared internet connection isn’t obliged to ensure others aren’t committing copyright infringement on it, the U.S. Court of Appeals for the Ninth Circuit ruled Monday.
The court ruled that the owner of an adult foster home could not be held liable because someone downloaded pirated copies of the movie “The Cobbler” there.

Cobbler Nevada obtained the IP address of the infringing computer and traced it to Thomas Gonzales, the operator of the home. The company then charged Gonzales with infringement, either directly for downloading the copies personally or contributorily for failing to prevent either workers or residents from downloading, despite being sent more than 400 notices of infringing activity. Cobbler Nevada never determined who downloaded the movie.

“The registered subscriber of an infringing IP address, standing alone, does not create a reasonable inference that he is also the infringer,” McKeown wrote in Cobbler Nevada v. Gonzales. As for contributory infringement, without allegations of intentional encouragement or inducement of infringement, “an individual’s failure to take affirmative steps to police his internet connection is insufficient to state a claim.”







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