Judge Tosses Playboy's Lawsuit Over Links to Centerfold Photos | Hollywood Reporter: "U.S. District Judge Fernando Olguin on Wednesday dismissed Playboy's complaint with leave to amend, asking the magazine to carefully evaluate the contentions made in Happy Mutants' motion to dismiss before drafting a second amended complaint.
In short, the website owner argues that there is no evidence that Boing Boing copied or displayed the centerfold photos or that any of its users downloaded the images instead of viewing them.
Olguin quotes a decision in Quentin Tarantino's 2014 lawsuit against Gawker Media over a link to a copy of his Hateful Eight script, which at the time had yet to be produced.
"An allegation that a defendant merely provided the means to accomplish an infringing activity is insufficient to establish a claim for copyright infringement," held U.S. District Judge John F. Walter in that case. "Rather, liability exists if the defendant engages in personal conduct that encourages or assists the infringement."" 'via Blog this'
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