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Instagram beats Suits with embedding – The Hollywood Reporter

Instagram has defeated a lawsuit from users unhappy with its embedding feature, as a California federal judge dismissed their lawsuit without taking a break to amend.

Two photographers, Alexis Hunley and Matthew Scott Brauer, in May 2021 sued Instagram on their behalf and any user on behalf of them and any other user who as of July 1, 2013 uploaded content to an embedded application elsewhere without permission. They claim that this feature gives users the impression that they are “eating for free at a buffet table” and facilitates piracy by third parties.

In July, Instagram filed a motion to dismiss the lawsuit, arguing that users couldn’t sue them for secondary liability because it held someone else accountable for direct copyright infringement, and that was denied. excluded by control case law and underlying technology.

At the heart of the matter is the “server audit,” established in 2007 by the 9th U.S. Court of Appeals in a case against Google over the thumbnail image of a company called Perfect 10. During the examination, Instagram argued, “an internet company can be found to be directly infringing the rights of copyright holders. only if it stores and transmits copyrighted material from own may host.” Instagram hosts and transmits content, which means third-party sites cannot be held responsible for copyright infringement. And, anyone who signs up for Instagram agrees to the Terms of Use. , which grants “a non-exclusive license to reproduce and publicly display content that users upload and post to their accounts.”

U.S. District Judge Charles Breyer in September approved Instagram’s motion to dismiss, finding that the plaintiffs had failed to show “a direct, fundamental violation by a third party.” Breyer notes that the plaintiffs may believe that “the server test misinterprets the Copyright Act” but says that argument should be directed to the 9th U.S. Court of Appeals or the U.S. Supreme Court. However, he did give users a chance to amend their claims.

They filed an amended complaint in October, Instagram filed another motion for dismissal in November, and on Tuesday, Breyer once again sided with the social networking site – and this time he allowed it. No permission to modify.

“Hunley may be right when viewers ‘don’t know or don’t care that the photo or video is placed on the Instagram server’, but the problem for Hunley is that the Ninth Track rule does,” Breyer wrote in a lengthy sequence. three pages, which is embedded below.” “The court concluded that the omissions in Hunley’s first two complaints could not be cured, as it was indisputable that the third-party violators did not host the photos. on their own servers… Since this is the only fact that matters, it would be futile to modify.”

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