The plaintiffs claim to have sent Cloudflare thousands of takedown notices that were ultimately ignored, with no action taken against counterfeit websites. The lawsuit claimed that Cloudflare’s TOS requires the company to terminate service following any violation of the law, and furthermore, that Cloudflare was not adequately enforcing its own policy to investigate violations of their TOS, let alone terminating repeat infringers. Both companies, which also listed hundreds of unnamed “Doe” defendants in an amended complaint, took the ingenious step of also going after one of their web service providers, Cloudflare, presumably as a means to (1) cut off an essential infrastructure lifeline to counterfeit websites, and (2) in the hopes of seeing any hypothetical injunction favoring their complaint actually enforced. But hundreds of unlicensed companies, many operating out of China, have been selling counterfeit versions of those designs for years, and it is exceedingly difficult to successfully put an end to the illegal practice. Both claim to “have developed many of the world’s most unique and original wedding and social occasion dress patterns,” and own the copyrights for those designs, including photographic images of those designs. Mon Cheri Bridals and Maggie Sottero Designs are two of the largest designers, manufacturers and wholesalers of wedding dresses and social occasion wear in the United States. Before we go further, here’s some background on the case, along with why this case matters. Ruling in Cloudflare Copyright Infringement Case Clarifies Liability Framework for Web Service Providers, Upholds DMCA ProvisionsĪnalyst Take: The ruling in the Cloudflare copyright infringement case clarifies the liability framework for web service providers, which I believe is a good thing. The ruling in the Cloudflare copyright infringement case further reaffirms the existing legal framework that defines technology services providers’ liability in cases of copyright infringements. Cloudflare, which provides content delivery network and DDoS mitigation services for websites, was originally sued in November 2018 by two wedding dress manufacturers that alleged it was contributing to copyright infringements by counterfeit retailers because it failed to terminate services for their websites. District Court for the Northern District of California last Thursday, in a case where the service provider was being accused of contributory copyright infringement. The News: A federal judge has just ruled in favor of website security provider Cloudflare in U.S.
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