CoStar Group, Inc. v. LoopNet, Inc.
This article needs additional citations for verification. (July 2021) |
CoStar Group, Inc. v. LoopNet, Inc. | |
---|---|
F.3d 544 | |
Holding | |
Affirmed the decision of the district court, which found that the defendant was not liable for direct copyright infringement | |
Court membership | |
Judge(s) sitting | Paul V. Niemeyer, M. Blane Michael, and Roger Gregory |
Case opinions | |
Majority | Niemeyer, joined by Michael |
Dissent | Gregory |
CoStar Group, Inc. v. LoopNet, Inc., 373 F.3d 544 (4th Cir. 2004), is a United States Court of Appeals for the Fourth Circuit decision about whether LoopNet should be held directly liable for CoStar Group’s copyrighted photographs posted by LoopNet’s subscribers on LoopNet’s website.[1] The majority of the court ruled that since LoopNet was an Internet service provider ("ISP") that automatically and passively stored material at the direction of users, LoopNet did not copy the material in violation of the Copyright Act. The majority of the court also held that the screening process by a LoopNet employee before the images were stored and displayed did not alter the passivity of LoopNet. Judge Gregory dissented, stating that LoopNet had engaged in active, volitional conduct because of its screening process.
Facts
CoStar Group is a provider of commercial real estate information. Its database included a large collection of photographs of commercial properties. LoopNet was an ISP whose website allowed subscribers to post listings of commercial real estate on the Internet. LoopNet did not post real estate listings, but enabled users to post listings that contained text messages and photographs. Prior to CoStar Group's original complaint about copyright infringement, when a photograph was uploaded into LoopNet's system by a subscriber, the photograph was made public immediately. Subsequent to CoStar Group's complaint, LoopNet initiated a system of review, which transferred uploads to one of LoopNet's internal computers for review. A LoopNet employee then reviewed the photograph to ensure that (1) it was an image of commercial real estate, and (2) it was not an obviously copyrighted image. CoStar Group claimed that by September 2001, it had found over 300 of its copyrighted images on LoopNet's website posted by LoopNet's subscribers. LoopNet had about 33,000 photographs posted by its subscribers at that time. LoopNet responded to takedown notices from CoStar Group.
Issue
On appeal, the parties disputed whether LoopNet should be liable for direct copyright infringement.
District court opinion
The district court held that LoopNet was not liable for direct copyright infringement based on
Arguments of CoStar Group
CoStar Group argued that since the
CoStar also argued that even if
Holdings of appellate court
The appellate court supported the
In response to CoStar’s argument that the
As for CoStar Group's argument that the screening process by a LoopNet employee rendered LoopNet liable for direct copyright infringement, the court held that this conduct did not add volition to LoopNet's involvement in storing the copy. The court reasoned that the employee's look was so cursory as to be insignificant, and if it had any significance, it only lessened the possibility of copyright infringement. LoopNet still lacked the necessary volition or causation for direct copyright infringement.
Dissenting Opinion by Judge Gregory
Circuit Judge Gregory dissented with the majority opinion. Judge Gregory stated that LoopNet employees had made conscious choices to accept or reject the photographs. Therefore, LoopNet had engaged in active, volitional conduct. Since the
See also
- Religious Technology Center v. Netcom On-Line Communication Services, Inc., 907 F. Supp. 1361 (N.D. Cal. 1995).
- Digital Millennium Copyright Act
- Online Copyright Infringement Liability Limitation Act
- List of leading legal cases in copyright law
References
- ^ "ISP not liable for copyright violations even after review of content". Reporters Committee for Freedom of the Press. June 22, 2004. Retrieved March 1, 2022.
External links
- CoStar Group, Inc. v. LoopNet, Inc., 373 F.3d 544 (4th Cir. 2004).
- EFF page about this case