Copyright Doesn’t Cover All of Internet, Court Rules

TAMPA, Fla. – In a court ruling that has broad implications across the Internet, a federal judge has decided that a company's Internet-searching software program did not infringe on copyrights held by another website.

The case has been closely watched by U.S. webmasters – both adult and mainstream – because more companies are compiling their own private search engines.

Nautical Solutions Marketing Inc. of St. Petersburg, Fla., runs a website called YachtBroker.com which uses a software program to harvest yacht sale information from other websites, including one owned by Boats.com of Lake Forest, Ill., and then compiles it for its subscribers.

U.S. District Court Judge Steven D. Merryday ruled that Nautical's practice of collecting yacht listings, photos and product descriptions from various websites represented lawful use of facts that weren't protected by copyright law.

Merryday also said the rights to the photos and descriptions listed on Boats.com's YachtWorld.com were held by individual yacht brokers, not Boats.com itself.

Furthermore, Merryday said, Nautical did not infringe on any Boats.com copyrights related to the design of YachtWorld.com or the manner in which the website compiled and presented information.

Search engines such as Google and Yahoo use robotic software to capture information in ways similar to the activities of YachtWorld.com, which collected data but not the look or feel of websites.

The decision comes after a federal jury in Tampa found in favor of Nautical in a defamation lawsuit against Boats.com, awarding Nautical $300,000 in damages last December, including $50,000 in punitive damages.

The allegations of trespass and illegal activity caused Nautical Solutions' business to plummet, said Steve Schwarz, the company's president of sales.

Separately on Friday, a second hearing over Acacia Technology Group's legal battle asserting claims that it owns patents relating to streaming media continues in Santa Ana., Calif.

The Markman hearing, in which a judge hears evidence and definitions before determining asserted patent claims as law matters, is being heard by U.S. District Court Judge James Ware.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Justices Alito, Thomas Invoke Victorian-Era Morality Law, Raising Censorship Concerns

Several national publications reported this week on widespread concern among Free Speech advocates after U.S. Supreme Court Justices Samuel Alito and Clarence Thomas repeatedly invoked during a hearing the infamous segregation-era law the Comstock Act, which was the cornerstone of U.S. censorship of sexual material from the 1870s until the 1970s.

Skinfluential Management's FansFuel Acquires Fanwire

Creator stats and affiliate marketing platform FansFuel has acquired creator account management tool Fanwire.

Nebraska AV Bill Moves Forward Despite Privacy, Free Speech Concerns

Nebraska’s unicameral Legislature has given first-round approval to LB 1092, the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

AEBN Celebrates 25th Anniversary

The Adult Entertainment Broadcast Network (AEBN) is celebrating its 25th year in business this week.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have petitioned the United States Court of Appeals for the 5th Circuit to stay its recent decision upholding the law, because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

FSC Vows to Fight Florida Age Verification Law

Free Speech Coalition (FSC) has issued a statement vowing to continue fighting Florida’s new age verification law, which was signed by Gov. Ron DeSantis on Monday as part of a comprehensive bill targeting minors’ use of social media.

Kansas Republican Aims to Create New Bureaucracy to 'Investigate' Porn Websites

Republican state legislators succeeded Monday in moving forward Kansas’ version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, despite serious concerns raised by House Democrats about the cost of establishing a new bureaucracy tasked with investigating websites for pornographic content.

SK Intertainment Launches 'Skinfluential Management' Agency, FansFuel Joint Venture

Mr. Skin/Mr. Man parent company SK Intertainment has launched new creator agency Skinfluential Management, as well as a new joint venture with Showbizz Media's creator stats and affiliate marketing platform, FansFuel.

Industry Attorney, Free Speech Champion Clyde DeWitt Passes Away at 75

Noted industry attorney Clyde DeWitt passed away on Friday in Las Vegas at 75, according to friends and colleagues.

Show More