Section 512 of the Copyright Act, passed in 1998, was created to preserve incentives for online service providers (OSPs) and copyright owners to cooperate on detecting and policing copyright infringement, while also giving those OSPs greater certainty about their legal exposure.
Legal history offers examples of areas where attempting to apply liability directly to bad actors is likely to be ineffective, but where certain related parties might be able to either control the bad actors or mitigate the damage they cause.
The DC Circuit has reversed the district court in the Whole Foods case. The opinion is here. [HT: Danny Sokol] As regular readers know, we . . .