Next steps for protecting online content after MyVidster

Alli Pyrah, New York


MyVidster’s court victory over pornographic video producer Flava Works does not give internet users free rein to embed copyrighted videos, lawyers assure

Earlier this month, Judge Richard Posner of the Court of Appeals for the Seventh Circuit overturned a preliminary injunction issued by the district court against social video bookmarking site MyVidster, which Flava Works said was infringing its copyrighted content by providing links to illegal copies.

Posner ruled that the district court had applied the wrong standard. “The infringers are the uploaders of copyrighted work,” he concluded. “There is no evidence that MyVidster is encouraging them, which would make it a contributory infringer.”

But he noted that if there was evidence that MyVidster had invited users to post copyrighted videos without authorisation or to bookmark them on its website, it would be liable for inducing infringement.

Despite media reports with titles such as Embed All the Pirated Video You Want Because It’s Totally Legal, IP...



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