1oz61wa

Chapter 5
28. Id.
29. Id. at 115-17.
30. Id. at 116; see also id. at 116-17 (“Here, the examples proffered by plaintiffs (to which they claim
YouTube was willfully blind) give at most information that infringements were occurring with particular works,
and occasional indications of promising areas to locate and remove them. The specific locations of infringements
are not supplied: at most, an area of search is identified, and YouTube is left to find the infringing clip.”).
31. Id. at 117.
32. Id. at 118.
33. This includes online access providers, web hosting providers, content hosting or listing platforms (like
YouTube and eBay), search engines and indexes, but does not extend to advertising networks and other online
advertising entities or to payment providers.
34. Maria A. Pallante, “The Next Great Copyright Act,” Twenty-Sixth Horace S. Manges Lecture, Columbia
University (Mar. 4, 2013) (available at http://www.law.columbia.edu/null/
download?&exclusive=filemgr.download&file_id=612486).
35. Maria A. Pallante, “The Register’s Call for Updates to U.S. Copyright Law,” Testimony before U.S.
House of Representatives, Committee on the Judiciary, Subcommittee on Courts, Intellectual Property & the
Internet (Hr’g Mar. 20, 2013) (available at http://www.copyright.gov/regstat/2013/regstat03202013.html).
36. House Judiciary Comm. Press Release, “Chairman Goodlatte Announces Comprehensive Review of
Copyright Law” (Apr. 24, 2013) (“The goal of these hearings will be to determine whether the laws are still
working in the digital age.”) (available athttp://judiciary.house.gov/index.cfm/pressreleases?ContentRecord_id=1B5C521A-D006-B517-9949-43E692E1E52E).
37. Id.
38. See “How Content ID Works” (available at http://support.google.com/youtube/bin/
answer.py?hl=en&answer=2797370 or http://www.youtube.com/t/contentid).
39. Id.
40. Id.
41. Id.
42. Id.
43. See “YouTube Copyright Complaint” (available at http://youtube.com/yt/copyright/copyrightcomplaint.html).
44. See, e.g., Katja Weckstrom, “Liability for Trademark Infringement for Internet Service Providers,” 16
Marq. Intell. Prop. L. Rev. 1, 5 (2012); Michael Leonard & John Sullivan, “Combating Trademark i-Nfringers:
Practical Strategies for Enforcing Brands in Apps,” World Trademark Review at 47 (Oct./Nov. 2011) (available
at http://www.worldtrademarkreview.com/Issues/Article.ashx?g=bb11215a-0313-4851-b191-d3836fb9d3a1).
45. 600 F.3d 93 (2d Cir. 2010).
46. Id. at 107-108.
47. Id.
48. Id.
49. Id.
50. Id. at 107 (“For contributory trademark infringement liability to lie, a service provider must have more
than a general knowledge or reason to know that its service is being used to sell counterfeit goods. Some
contemporary knowledge of which particular listings are infringing or will infringe in the future is necessary.”);
see also Viacom v. Tiffany line of cases discussed above.
51. Tiffany, Inc. v. eBay, Inc., 600 F.3d at 107. The Second Circuit also corrected Tiffany’s argument based on
Inwood Labs. v. Ives Labs, Inc., 456 U.S. 844 (1982), clarifying that Inwood does not establish contours of the
“knows or has reason to know” prong, and only confirms that liability can exist if a defendant “continues to supply
its product to one whom it knows or has reason to know is engaging in trademark infringement.” Id. at 108. The
Second Circuit also denied Tiffany’s argument that specific knowledge (and therefore liability) is established by its
demand letters and DMCA take down letters; instead, the Second Circuit found that the demand letters and take
down notices did not identify specific sellers of these counterfeit goods and that eBay removed listings from sellers
it found to be counterfeiting and suspended repeat offenders from access to the site. Id. at 109. Under these
circumstances, the court confirmed that Tiffany failed to demonstrate “that eBay was supplying its service to
individuals who it knew or had reason to know were selling counterfeit Tiffany goods.” Id.
52. Id. at 109 (“But we are also disposed to think, and the record suggests, that private market forces give
eBay and those operating similar businesses a strong incentive to minimize the counterfeit goods sold on their
82