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''Flava Works, Inc v. Gunter'' is a decision by the United States Seventh Circuit Court of Appeals, authored by Judge Richard Posner, which held that Marques Gunter, the sole proprietor of the site www.myVidster.com, a social bookmarking website that enables its users to share videos posted elsewhere online through embedded frames, was not liable for its users' sharing and embedding of copyrighted videos. The court of appeals reversed the decision of the United States District Court for the Northern District of Illinois, which had granted a preliminary injunction against myVidster, citing sufficient knowledge of infringement on Gunter's part, while denying safe harbor defense under the Digital Millennium Copyright Act (DMCA). The Court held that Gunter was not directly liable because the copyrighted content was not stored on myVidster's servers, and was not contributorily liable because there was no evidence that conduct by myVidster increased the amount of infringement. ==Background== Flava Works is an adult entertainment company producing pornographic videos and images featuring black and Latino men. It ownes several registered copyrights and trademarks. Part of Flava Works’ business includes streaming video through its various websites. In 2010 Flava Works filed a complaint against myVidster, a website allowing users to post videos to be searched and viewed by other users. The complaint contained seven counts of infringement:〔(【引用サイトリンク】url=http://flavaworks.com/legal/files/10%2010%2012%20Myvidster%20Complaint.pdf )〕 # direct copyright infringement (Count I) # contributory copyright infringement (Count II) # vicarious copyright infringement (Count III) # inducement of copyright infringement (Count IV) # false designation of origin in violation of the Lanham Act (Count V) # trademark and trade dress infringement in violation of the Lanham Act (Count VI) and # common law trademark infringement and unfair competition (Count VII) Flava Works alleged that by not policing his site properly, MyVidster's sole proprietor Marques Gunter “purposefully created a system that makes it more difficult for copyright owners to monitor the site for infringement.” 〔 In late 2010 Flava Works sent Gunter and his web hosting companies a number of takedown notices under the DMCA, these notices included the user names of repeat posters of infringing content. Flava Works did not contest that Gunter removed offending content from this site, but complained that Gunter did nothing to stop repeat offenders, allowing infringing work to continually appear on his website. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Flava Works Inc. v. Gunter」の詳細全文を読む スポンサード リンク
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