Factual Compliance with DMCA Required for Safe Harbor

ELLISON v. AOL, No. 02-55797 (9th Cir. February 10, 2004)

Summary judgment to Defendant, in a contributory copyright infringement claim for short stories posted on a P2P file sharing network accessed through Defendant’s service, was improperly granted because there were triable issues of fact as to whether Defendant complied with the requirements under the Digital Millennium Copyright Act for safe harbor.

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