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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,〔(17 U.S.C. § 512 )〕 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).〔(47 U.S.C. § 230 )〕 ==Facts== The plaintiff, Perfect 10 (P10), is a publisher of an adult entertainment magazine and the owner of the subscription website perfect10.com. The website features around 5,000 images of models that are created by the company that are accessible to only registered paying members. P10 holds publicity rights on many of the models in these images. It also has the registered U.S. copyrights for images and owns several related registered trademarks and service marks. The defendant CWIE provides webhosting and related Internet connectivity service to various websites. In particular, the company provides “ping, power and pipe” services by making sure that the server is on, power is provided to the server, and the clients are connected to the Internet via a data center connection. The defendant CCBill provide payment services that let consumers use credit cards or checks to pay e-commerce venues. On August 10, 2001, P10 sent letters and emails to Thomas A. Fisher, the Executive Vice-President and the designated agent to receive notices of infringement of CCBill and CWIE, claiming that the two companies’ clients were infringing P10 copyrights. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Perfect 10, Inc. v. CCBill, LLC」の詳細全文を読む スポンサード リンク
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