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Proof of Infringement Not Required To Obtain Injunction Under DMCA

By Samuel B. Fineman, Esq., Editor-In-Chief
August 26, 2003

The United States District Court for the District of Hawaii recently ruled in favor of Defendant Motion Picture Association of America (MPAA) and against InternetMovies.com in a case that underscores the broad powers afforded to copyright holders under the Digital Millennium Copyright Act (DMCA).

In Michael J. Rossi dba InternetMovies.com v. Motion Picture Association of America et al., No. CV 0200239 HG, the court ruled that the DMCA does not require a copyright holder to conduct an investigation to establish actual infringement prior to sending notice to an Internet Service Provider (ISP) demanding closure of an allegedly infringing Web site. Under the DMCA, a copyright holder need only assert a 'good faith belief' of infringement to engender an investigation of the accused.

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