Ninth Circuit Court Ruling Gives Unmade Movie Future Protection Under DMCA

Ninth Circuit Court Ruling Gives Unmade Movie Future Protection Under DMCA KAHULUI, Hawaii, Dec. 7 /PRNewswire/ -- The following is being issued by InternetMovies.com: The Ninth Circuit Court of Appeals ruled that good faith belief under the Digital Millennium Copyright Act (DMCA) is subjective, not objective. The underlying suit against the Motion Picture Association of America (MPAA) was brought by Michael Rossi, President of InternetMovies.com Inc., in April 2002 for the wrongful shut down of his web site in 2001. The higher court affirmed the lower court's ruling, holding that the MPAA was not liable to Rossi on the tortious interference claim because its actions complied with the "notice and takedown" provisions of the DMCA, and were "within the boundaries of decency." The MPAA claimed that, in 2001, http://www.internetmovies.com/ made available for illegal download the third installment of The Lord of the Rings, not finished until 2003. The MPAA issued a cease and desist order to InternetMovies.com's ISP to shut down the site. This proves the MPAA communications with Rossi's ISP were unreasonable and outrageous and without just cause or excuse and beyond all bounds of decency under the DMCA. The higher court of appeals decision to side with the MPAA dangerously sets a precedent that a subjective good faith belief that infringing activity is occurring is protected by the DMCA, allowing anyone to claim infringement without proper evidence or investigation. This is an obvious failure of the court to interpret the good faith belief and to review proof of the alleged violation in this case. The courts must have overlooked that Rossi could not have made a movie downloadable 3 years in the future shows that the MPAA was not within the boundaries of decency and should not have ruled in favor of the MPAA. Rossi is requesting a rehearing and if that is denied will ask for an En banc, but believes that if this truly is the interpretation to be given to the DCMA, it could violate the First Amendment and therefore be struck down as unconstitutional. Rossi will then seek review by the U.S. Supreme Court. InternetMovies.com is calling for membership support to continue the fight against further abuse of the DMCA good faith belief in shutting down more innocent people. Source: InternetMovies.com Inc. CONTACT: Michael Rossi, President of InternetMovies.com Inc., +1-808-283-2885 Web site: http://www.internetmovies.com/ ------- Profile: International Entertainment