Today, Public Knowledge filed an amicus curiae brief in Perfect 10 v. Giganews before the 9th U.S. Circuit Court of Appeals. The Electronic Frontier Foundation, the American Library Association, the Association of College and Research Libraries, and the Association of Research Libraries joined Public Knowledge in this brief arguing that online services are not directly liable for any potential copyright infringement performed by their users.

The following can be attributed to Charles Duan, Director of the Patent Reform Project at Public Knowledge:

“The Internet has become the phenomenon that it is because of a wealth of innovative services that offer consumers opportunities to express themselves freely, to be creative, and to conduct their daily lives. But in this case as in many others before it, copyright holders like Perfect 10 have sought to impose massive and unwarranted copyright liability on these services. Courts have consistently rejected these tenuous copyright theories to protect innovation, creativity, and consumers online.

“To allow for these critical Internet services to be buried alive in unending copyright fights, as Perfect 10 seeks, would be an enormous blow to the Internet economy, to free expression, and to the public. We hope that the Ninth Circuit will remain steadfast in a long history of protecting a vibrant and open Internet, by rejecting the flawed and overbroad copyright arguments of Perfect 10 in this case.”

The following can be attributed to Deepak Gupta, head of Farella Braun + Martel’s Internet Law practice who helped Public Knowledge draft the brief:

“If Appellant were to succeed, technology innovators whose products or services were used by others to infringe would face such crippling financial liability that they would have no choice but to become content police or shut down. This would, ironically, stifle the creation of new technologies that are spreading knowledge and learning, values that lie at the heart of copyright.”

You may view this amicus brief here.