m Louis Vuitton Judgment Displays Limits Of Isp Safe Harbors,26 '13 Subject: m Louis Vuitton Judgment, Viewed by: 40414
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M Louis Vuitton judgment exhibits limits of ISP safe harbors
Louis Vuitton sued two ISPs in federal court, charging they had waived their immunity from lawsuits by knowingly internet hosting web sites hawking Louis Vuitton knockoffs. A jury agreed, handing in excess of $32 million in damages and showing the limits of the DMCA's "safe harbor."
The most effective feature in the much-maligned Digital Millennium Copyright Act (DMCA) is its "safe harbor" for Net service providers, who cannot be held liable for what buyers do employing their networks. Primarily. You'll find limits, and Louis vitton located them this week in the federal court. The luxury products maker won $32 million from two ISPs and the guy who ran them following proving to a jury that the ISPs had full understanding they hosted largely websites for counterfeit goods""and refused to get action.
The two ISPs are Akanoc and Managed Remedies Group, each run out of Fremont, California by one particular Steven Chen. In accordance with Louis vitton's July 2008 complaint, Chen's businesses "were formed for and exist primarily to facilitate the promotion and advertisement of delivers for counterfeit and infringing merchandise." The ISPs hosted a huge array of sites providing fake Vuitton purses, wallets, and bags""sites like Luxury2us.com, Louis-vuitton-bags.org and HandBagSell.com.
Sites like Louis-vuitton-bags.org created clear they have been offering replica products"""No one particular will know that they can be not the authentic Louis Vuitton purse"""but the replicas include several Vuitton trademarked symbols.
Attorneys from Vuitton notified the two ISPs in the a lot of counterfeit web sites, but obtained no response. Even more investigation discovered that "most, if not every one of the web sites hosted from the ISP defendants are engaged in the trafficking of counterfeit merchandise."