The case Perfect 10, Inc. v. Visa International Service Association et al. which involves copyright infringement liability for third-party service providers is analyzed in this article authored by Margaret Esquenet of Finnegan. A divided panel of the U.S. Court of Appeals for the Ninth Circuit held that a third-party financial services provider that does not materially contribute to or have control over a copyright infringer cannot be held liable for the infringer’s wrongful acts. On October 9, the Ninth Circuit denied Perfect 10’s petition for a panel rehearing and petition for rehearing en banc. Both the Recording Industry Association and the Motion Picture Association of America had filed amicus briefs in support of Perfect 10’s decision. It is likely that Perfect 10 will pursue the case in the U.S. Supreme Court.
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