'Cloudflare does not contribute to piracy sites'

by Web Summit

Cloudflare claims on October 6, 2021 that Internet infrastructure company Cloudflare was sued by rights holders for 'leaving copyright infringing sites unblocked and helping with copyright infringement.' It was decided that it would not help with copyright infringement.

gov.uscourts.cand.339512.151.0.pdf
(PDF file) https://storage.courtlistener.com/recap/gov.uscourts.cand.339512/gov.uscourts.cand.339512.151.0.pdf

In a win for the Internet, federal court rejects copyright infringement claim against Cloudflare
https://blog.cloudflare.com/in-a-win-for-the-internet-federal-court-rejects-copyright-infringement-claim-against-cloudflare/

Cloudflare doesn't have to cut off copyright-infringing websites, judge rules | Ars Technica
https://arstechnica.com/tech-policy/2021/10/cloudflare-doesnt-have-to-cut-off-copyright-infringing-websites-judge-rules/

In November 2018, dressmakers Mon Cheri Bridals and Maggie Sottero Designs filed a court case for copyright contribution infringement , saying 'Cloudflare did not block websites that infringe the dressmaker's copyright.' I asked.

The website in question mail-ordered illegally copied dresses and used the dressmaker's photos without permission. Even if the warning of copyright infringement was issued, as soon as the existing site disappeared, another new site could be created, and the manufacturer and the illegal trader continued to play cat and mouse. According to the manufacturer, there are more than 365 websites that infringe copyright, and Cloudflare has sent thousands of deletion requests so far, but the manufacturer claims that 'Cloudflare has ignored the notification' We also hold Cloudflare liable for copyright infringement.

On the other hand, Cloudflare said, 'It is a proceeding based on a fundamental misunderstanding, and if the plaintiff's complaint is approved, the interpretation of copyright contribution infringement will be expanded.' 'We are not a hosting provider, the content, which is thought to infringe the copyright claims that it can not 'be removed from the Internet, summary judgment was sought.

Judge Vince Chhabria of the Federal District Court for the Northern District of California said, 'At least in this record, the jury cannot conclude that Cloudflare is substantially contributing to the underlying copyright infringement, so it seeks summary judgment. We dismiss the plaintiff's allegations and accept the allegations for summary judgment of Cloudflare. '

Judge Chabria then said, 'Simply providing Internet services to piracy is not considered a'significant contribution'' and 'if it takes an important step in the piracy process. Although contribution infringement is recognized, this should not be interpreted very broadly. '

Cloudflare said, 'The court has ruled solely on copyright infringement, and our Digital Millennium Copyright Act (DMCA) safe harbor protects us from any liability.' We haven't developed our own theory. '' We have long understood that different types of services have different abilities and responsibilities to deal with copyright infringement, and with that in mind, our policy on unauthorized use. With the widespread recognition of these principles, we are better able to provide secure and reliable services without being involved in conflicts between third parties and users. We can contribute to the construction of the Internet, and we believe it will benefit the Internet. '