After appealing the loss of a lawsuit that attempted to grant animals copyright rights, PETA and Defendant David Slater suddenly motioned to vacate the lower court’s judgement.
The 9th Circuit doesn’t allow it. Let’s discuss why.
The Appeals Court said Cox, a major ISP, lost their safe harbor protections by not implementing a termination procedure for repeat copyright infringers. Cox had taken a hard stance against “DMCA Settlement Letters”, refusing to forward any from Rightscorp, BMG’s rep.
Cox had appealed from a lower court ruling which also held them liable for $25 million in Statutory Damages.
The 4th Circuit sent the matter back to the District Court for a new trial on whether Cox’s alleged “wilful blindness” is enough for the jury to find them liable. The District Court had instructed the jury using a “should have known” or negligence standard that the appeals court found was not a high enough standard to meet and match other case law, particularly patent law.
AvE sponsored a vidjayo on the pixie-wrangling fight between Milwaukee and Snap-On over who invented lithium ion tool batteries and whether it was ‘obvious’ (and unpatentable).
Milwaukee won $28+ million. Snap-On vows to appeal.
Let’s discuss.
THANK YOU TO AvE for sponsoring this video!
https://www.youtube.com/channel/UChWv6Pn_zP0rI6lgGt3MyfA