"Simply providing services to a copyright infringer does not qualify as a material contribution" to the infringement, Chhabria said. It also said it couldn't take measures to prevent the alleged infringement.Ĭhhabria said Wednesday that Cloudflare wasn't responsible for the alleged infringement. The sellers said they and other bridal-wear companies have successfully sued hundreds of counterfeit websites, but "it is so simple and inexpensive for a counterfeiter to set up a new domain and move its illegal business to a new site, that conventional efforts to address the problem are ineffectual."Ĭloudflare argued in June that, unlike search engines and peer-to-peer networks that courts have found liable for contributory infringement, it doesn't help visitors find infringing material. Cloudflare's terms of service say it will investigate violations and terminate its business with repeat infringers, but the dress sellers said it ignored thousands of takedown notices to avoid losing infringers' business. Mon Cheri and Maggie Sottero sued San Francisco-based Cloudflare in 2018, alleging it helped facilitate a "massive Internet scheme" to advertise and sell counterfeit dresses by providing the sites with data caching, content delivery, and security services. "The Plaintiffs were seeking a novel, and we think unfounded, award of damages that would have ignored important differences among online service providers."Ĭloudflare's attorney Jedediah Wakefield of Fenwick & West didn't immediately respond to a request for comment, nor did the dress sellers or their attorney Robert Owens of Owens & Gach Ray. "We believe this is a win for the internet," a Cloudflare spokesperson said in a Thursday email. District Judge Vince Chhabria said Wednesday. (Reuters) - Cybersecurity company Cloudflare Inc isn't liable for copyright infringement based on the services it provided to websites that allegedly posted photos owned by two wedding-dress sellers without permission, a San Francisco federal court has ruled.Ĭloudflare's performance-improvement and security services didn't materially contribute to the asserted misuse of Mon Cheri Bridals' and Maggie Sottero Designs' pictures to sell knock-off dresses, U.S.
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