|JuicyAds has told a court that it can’t be held liable for pirate websites using its service to generate revenue. This is the first case where an advertising company stands accused of aiding pirate websites. However, this cooperation has been a major complaint from entertainment industry insiders in recent years.
At the same time, copyright holders have long been urging third party services to cut their ties with pirate services. They claim that hosting providers, search engines, Internet service providers, domain name registrars and advertisers should all help them tackle online piracy. Now one of the adult entertainment publishers, ALS Scan, took a legal action instead of asking. The company filed a complaint at the court, targeting CloudFlare and the advertising network JuicyAds over image copyright infringement carried out by their users.
The plaintiffs had alerted both companies about the infringing activities of their customers, but neither took action. As a result, the entertainment publisher complained that Juicy Ads and CloudFlare make money by continuing to do business with infringing sites.
In response, JuicyAds disagreed and filed a motion to dismiss the complaint, arguing that, as an advertising service, it can’t be held responsible for the actions of its customers. For example, the infringing photos in question never appeared on its websites, so it couldn’t remove them even if it wanted to. At the same time, the advertising network points out that its Terms of Service clearly states that the publishers are solely responsible for the content that appears on its websites, while JuicyAds has no more control over publishers’ websites than it does over any other third-party sites.
Moreover, the advertisements would actually lead site visitors away from the allegedly infringing content, instead of encouraging it. JuicyAds also submitted its objections against the preliminary injunction requested by ALS Scan, arguing that there is no need for the extensive piracy policing requirements the latter has proposed.
Both the injunction and the motion to dismiss will be considered in a few weeks. Meanwhile, Cloudflare has not yet responded to the complaint and was granted an extension of time to file its reply.
Thanks to TorrentFreak for providing the source of the article.
Friday, September 16th, 2016
|It must be time to reconsider how business is being done.|
|Sites are not responsible for the misleading scams and malicious scripts running in ads, advertisers are not responsibled for the content of sites using there service for passive income. It's all over the place - everyone wants to make a buck nobody wants to be accountable for shady practices.||
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