After dragging Cloudflare to court and accusing the web services company of various types of copyright and trademark infringement, noting that several customers used Cloudflare's servers to distribute pirated content, adult publisher ALS Scan told the California District Court this week that the company should be held liable for copyright infringements committed by its customers. According to TorrentFreak, "The company requests a partial summary judgement, claiming that the CDN provider assists pirates and doesn't qualify for safe harbor protection." From the report: "The evidence is undisputed," ALS writes. "Cloudflare materially assists website operators in reproduction, distribution and display of copyrighted works, including infringing copies of ALS works. Cloudflare also masks information about pirate sites and their hosts." ALS anticipates that Cloudflare may argue that the company or its clients are protected by the DMCA's safe harbor provision, but contests this claim. The publisher notes that none of the customers registered the required paperwork at the U.S. Copyright Office. "Cloudflare may say that the Cloudflare Customer Sites are themselves service providers entitled to DMCA protections, however, none have qualified for safe harbors by submitting the required notices to the U.S. Copyright Office. Cloudflare may say that the Cloudflare Customer Sites are themselves service providers entitled to DMCA protections, however, none have qualified for safe harbors by submitting the required notices to the U.S. Copyright Office." Cloudflare itself has no safe harbor protection either, they argue, because it operates differently than a service provider as defined in the DMCA. It's a "smart system" which also modifies content, instead of a "dumb pipe," they claim. In addition, the CDN provider is accused of failing to implement a reasonable policy that will terminate repeat offenders. "Cloudflare has no available safe harbors. Even if any safe harbors apply, Cloudflare has lost such safe harbors for failure to adopt and reasonably implement a policy including termination of repeat infringers," ALS writes. ALS now asks the court to issue a partial summary judgment ruling that Cloudflare is liable for contributory copyright infringement. If this motion is granted, a trial would only be needed to establish the damages amount.
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