The case involves LiveJournal, a social media platform that allows users to create “communities” based on a common theme or subject. The communities are partly managed by moderators, who review posts (including photos) that users submit to make sure they follow the rules for posting and commenting created by the community. A community focused on celebrity news, called “Oh No They Didn’t” (ONTD), became particularly popular, garnering millions of views every month. Enter Mavrix Photography, a photo agency that specialized in celebrities. Mavrix discovered that several of its celebrity photos had been posted on ONTD between 2010 and 2014. Rather than sending a DMCA takedown notice, Mavrix went straight to court to sue for copyright infringement. LiveJournal took the posts down immediately, and invoked the DMCA safe harbors, asserting that it was simply “hosting content at the direction of a user.” The district court agreed, but Mavrix appealed to the United States Court of Appeals for the Ninth Circuit. EFF filed an amicus brief in support of Live Journal.
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