Intellectual Property Law
New Matter WINTER 2021, VOLUME 46, EDITION 4
Content
- 2022 New Matter Author Submission Guidelines
- A Look At the Trademark Modernization Act - Part 2
- CONFIDENTIAL INFORMATION, "RETURN OR DESTROY" CLAUSES AND THE PERNICIOUS PERSISTENCE OF ELECTRONIC RECORDS
- Federal Circuit Report
- INTELLECTUAL PROPERTY SECTION Executive Committee 2021-2022
- INTELLECTUAL PROPERTY SECTION Interest Group Representatives 2021-2022
- Intellectual Property Section New Matter Editorial Board
- Ip and Art: An International Perspective
- Letter From the Chair
- Letter From the Editor-in-chief
- My Holiday Wish List From the Uspto
- Ninth Circuit Report
- Online Cle For Participatory Credit
- Quarterly International Ip Law Update
- Table of Contents
- The American Rule
- The California Lawyers Association Intellectual Property Alumni
- The Doj's China Initiative and the Controversy of Prosecuting Professors and Researchers In the U.S. For Trade Secrets Theft
- Trade Secret Report
- Ttab Decisions and Developments
- The Nascent Showdown Between the Ninth Circuit's Server Test and Its Detractors
THE NASCENT SHOWDOWN BETWEEN THE NINTH CIRCUIT’S SERVER TEST AND ITS DETRACTORS
David A. Sergenian
Sergenian Law
INTRODUCTION
(See end of this article for information on receiving 1.0 hour MCLE self-study credit. )
In 2007, the Ninth Circuit addressed a novel issue: whether a defendant website violates a copyright holder’s exclusive right to display a copyrighted work by "in-line linking" to an image that resides on another entity’s website. The Ninth Circuit answered in the negative, holding that although in-line linking may give the copyright holder a claim for contributory infringement, the text of the Copyright Act does not support a claim for direct infringement under such a set of facts because the infringing image is not found on the computers of the website that in-line links to the image on another entity’s website.1 The Ninth Circuit referred to its analysis as the "server test," and it went largely unchallenged for a decade.