Perfect 10, Inc. v. CCBill, LLC
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Perfect 10, Inc. v. CCBill LLC, 488 F.3d 1102 (9th Cir. 2007), is a U.S. court case between a publisher of an adult entertainment magazine and the webhosting, connectivity, and payment service companies. The plaintiff Perfect 10 asserted that defendants CCBill (payment service company) and CWIE (webhosting and connectivity service company) violated copyright, trademark, and state law violation of right of publicity laws, unfair competition, false and misleading advertising by providing services to websites that posted images stolen from Perfect 10's magazine and website. Defendants sought to invoke statutory safe harbor exemptions from copyright infringement liability under the Digital Millennium Copyright Act, 17 U.S.C. § 512,[1] and from liability for state law unfair competition, false advertising claims and right of publicity based on Section 230 of the Communications Decency Act, 47 U.S.C. § 230(c)(1).[2]
Perfect 10, Inc. v. CCBill, LLC | |
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Court | United States Court of Appeals for the Ninth Circuit |
Full case name | Perfect 10, Inc., v. CCBill, LLC; Cavecreek Wholesale Internet Exchange d/b/a Cwie LLC |
Argued | December 4, 2006 |
Decided | March 29, 2007 |
Citation(s) | 488 F.3d 1102 |
Case history | |
Prior history | 2:02-cv-07624, 340 F. Supp. 2d 1077 (C.D. Cal. 2004), affirmed in part, reversed in part and remanded, 481 F.3d 751 (9th Cir. 2007). |
Subsequent history | Cert. denied, 552 U.S. 1062 (2007). |
Court membership | |
Judge(s) sitting | Stephen Reinhardt, Alex Kozinski, Milan Smith |
Case opinions | |
Majority | Smith, joined by unanimous |
Laws applied | |
Digital Millennium Copyright Act, 17 U.S.C. § 512; Communications Decency Act, 47 U.S.C. § 230 |