Judge: CafePress Not Protected By DMCA Safe Harbor

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Posted 3 years ago


Judge: CafePress Not Protected By DMCA Safe HarborAccording to District Judge Gonzalo P. Curiel, CafePress is not protected under the DMCA safe harbor.

Apparently, one user uploaded a photograph owned by another person, and used it on products that CafePress lets people imprint on t-shirts, mugs, hats, and other items.

Here’s an excerpt from the ruling:

Here, while CafePress is an e-vendor similar to Amazon, eBay, and Photobucket, CafePress’s business varies somewhat from these other entities. The largest difference is that CafePress goes beyond facilitating the sale of products between internet users by directly selling products to online shoppers through the CafePress Marketplace. Indeed, CafePress’s policy of determining retail prices for products sold through the Marketplace and paying users only a royalty or commission for the sale of their products highlights the fact that CafePress has gone beyond operating a service that merely facilitates the exchange of information between internet users. As such, the Court cannot say, as a matter of law, that CafePress is a “service provider.”


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