CoStar Group, Inc. v. LoopNet, Inc.
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CoStar Group, Inc. v. LoopNet, Inc., 373 F.3d 544 (4th Cir. 2004), is a United States Court of Appeals for the Fourth Circuit decision about whether LoopNet should be held directly liable for CoStar Group’s copyrighted photographs posted by LoopNet’s subscribers on LoopNet’s website.[1] The majority of the court ruled that since LoopNet was an Internet service provider ("ISP") that automatically and passively stored material at the direction of users, LoopNet did not copy the material in violation of the Copyright Act. The majority of the court also held that the screening process by a LoopNet employee before the images were stored and displayed did not alter the passivity of LoopNet. Judge Gregory dissented, stating that LoopNet had engaged in active, volitional conduct because of its screening process.
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CoStar Group, Inc. v. LoopNet, Inc. | |
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Court | United States Court of Appeals for the Fourth Circuit |
Full case name | CoStar Group, Inc. v. LoopNet, Inc. |
Argued | May 6 2004 |
Decided | June 21 2004 |
Citation(s) | 373 F.3d 544 |
Holding | |
Affirmed the decision of the district court, which found that the defendant was not liable for direct copyright infringement | |
Court membership | |
Judge(s) sitting | Paul V. Niemeyer, M. Blane Michael, and Roger Gregory |
Case opinions | |
Majority | Niemeyer, joined by Michael |
Dissent | Gregory |