Morel vs AFP copyright case goes to court: supporters fight it out on the web

Started Sep 28, 2010 | Discussions thread
Rdefen
Veteran MemberPosts: 3,162
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In reply to lovEU, Jan 16, 2013

Sure we will. And we do. The court rejected Morel's statutory damage calculation theory (per the courts Jan 14 2013 order. ) which theory was not exactly as we framed it in earlier posts.

But it was a good day (Jan 14) for Morel.

The court found as a legal matter that AFP infringed as did The Washington Post.  Not surprising AFP lost given all AFP had were the same arguments it lost on 2 years earlier.

Getty advanced a different defense to infringement from AFPs losing  "you gave us a license to use your photos by virtue of the Twitter/TwitPic TOS in effect when you uploaded your photos"

Getty advanced the same defense ISPs advance when a user uploads infringing content : "we're not responsible for what our users upload because we're an ISP and we comply with the DMCA "safe-harbor." The question to be tried if Morel and Getty don't settle is whether Getty is an ISP for purposes of the DMCA.

So a good win for Mr. Morel. AFP is an infringer. The Washington Post is also an infringer. The question of willfulness (which impacts the amount of damages) is a question of fact to be determined by the jury if the case goes forward.  Getty is still alive with it's DMCA defense.

Wow it looks like taking those photos is going to cost AFP/Post a bundle. This case has been dragging on for years. The lawyer fees alone will be a bundle.

I expressly disclaim the accuracy of my summary. I skimmed (and did not read in detail) the courts order. I refer you to the order if you want the details but I believe I got the gist of it.

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