Judge Chhabria denied Meta’s motion to dismiss Entrepreneur Media’s contributory infringement claim and DMCA 1202(b)(1) claim.
The intriguing part is that Judge Chhabria’s opinion fails to cite or discuss the Supreme Court’s recent clarification of contributory infringement in Cox Communications v. Sony Music Entertainment.
Here’s the part of the Supreme Court’s opinion that is key:
Here is Judge Chhabria’s decision, much of which analyzes Meta’s knowledge instead of intent:
It’s unclear whether the court concluded the allegations satisfied the Cox Communication‘s elaboration of a requirement of intent, either that the alleged use of torrenting was specially adapted for infringement or that Meta allegedly intentionally induced third parties to commit infringement via torrenting.
But one would think such a finding is necessary to allow this claim to move forward under the standard clarified by the Supreme Court.
DOWNLOAD THE DECISION
Related Stories