Perfect 10 v. CCBill: "direct financial benefit" means infringing material must draw users, says Ninth Circuit
In its recent decision in Perfect 10 v. CCBill, the Ninth Circuit interprets a provision of the Digital Millenium Copyright Act that will be crucial to the outcome of Viacom v. YouTube. Per the Ninth Circuit, if the presence of infringing material is merely an "added benefit" for users and not a primary draw, a defendant should be immune from liability for the infringing acts of others. Of course the Second Circuit, where Viacom v. YouTube is pending, frequently disagrees with the Ninth Circuit's take on such things.