The U.S. Supreme Court will not hear a copyright case filed by Perfect 10 against Giganews, Law360 reported.
This leaves in place a Ninth Circuit ruling that the service could not be held liable for infringing images by its user.
The Supreme Court denied a petition filed in August 2017 for a writ of certiorari that claimed the Ninth Circuit’s January ruling in favor of Giganews had “effectively immunized” the company’s "staggering misappropriation of the creative efforts of others.”
Law360 noted that the Ninth Circuit had originally reiterated precedent that web companies like Giganews can only be found directly liable for infringement if their own conduct actually causes the illegal activity to happen, something Perfect 10 had not proven.
Giganews is represented by Fenwick copyright litigation co-chair Andrew Bridges.
The full article is available through Law360 (subscription required). Also reported by Bloomberg BNA (subscription required).