The social media app argued that not only do users agree to terms of use that gives Instagram “a nonexclusive license to publicly reproduce and display the content the user uploads and posts to their account,” but the 9th Circuit U.S. Court of Appeals has established a “server test” under which a company can only be liable for copyright infringement if it “hosts and transmits” the material.
U.S. District Judge Charles R. Breyer on Friday granted the motion, agreeing with Instagram’s arguments about the server test established in“If a website publisher does not ‘store’ an image or video in the relevant sense, the website publisher does not ‘communicate a copy’ of the image or video and thus does not violate the copyright owner’s exclusive display right,” Breyer writes in the order, which is embedded below.
Breyer continues, “In Hunley’s view, the Ninth Circuit’s server test misinterprets the Copyright Act. Hunley is free to present that argument to the Ninth Circuit and the Supreme Court. But this Court is not free to artificially narrow or overrule binding precedent.”
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