Split Appeals Decision Highlights Rift Over DMCA Notice Handling

Split Appeals Decision Highlights Rift Over DMCA Notice Handling

PASADENA, Calif. — A two-to-one split vote in the U.S. Circuit Court for the Ninth Circuit last week spotlighted the ongoing controversy over internet infrastructure companies' responsibility for illegal content. Two of the three judges on the panel sided with data-center service Steadfast Networks LLC over copyright owners ALS Scan Inc.

Friday’s decision endorsed server farm operator Steadfast Network's view that it had done its due diligence by forwarding Digital Millennium Copyright Act (DMCA) notices issued by ALS Scan for pirated content to the platform that had hosted them.

That platform, ImageBam.com, was cited in a Bloomberg Law report as having become “a hub for infringing adult content.” However, the Ninth Circuit panel’s narrow majority was convinced that Steadfast Networks had done enough to combat infringement by forwarding the DMCA notices to ImageBam, resulting in “timely removal of the material.”

The split decision, the Bloomberg Law reporter commented, “highlights the question of how much responsibility the DMCA places on operators of internet infrastructure to address repeated infringement via their services.”

A central issue was what the litigants referred to as “the whack-a-mole problem,” a result of the DMCA’s notice-and-takedown provisions that has led to endless infringer-chasing for copyright owners.

“We are sympathetic to ALS’s ‘whack-a-mole problem,’” the court admitted in the unpublished (i.e., not to be quoted as precedent) opinion, “but we are persuaded by the specific facts of this case that Steadfast’s ‘simple measures’ are enough.”

Steadfast, the opinion continued, “forwarded each notice to ImageBam’s owner, and every infringing work was taken down. Nor is there evidence that Steadfast had any other simple measures at its disposal. Steadfast did not operate, control or manage any functions of ImageBam.com. It could not supervise, access, locate or delete ImageBam accounts. It had no way of knowing, based on a URL hyperlink contained in the notices of copyright infringement, where the infringing works or the ImageBam accounts responsible for illegal uploads were located on [the] servers.”

The panel heard the case “de novo” — “anew” in Latin — a common appeals strategy in civil and small claim cases where one of the parties continues to fight a case after a ruling against them. The trial de novo request asks to set aside the decisions from a lower court and re-try the case.

Copyright © 2026 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

Jim Powers on Shooting Fast, Staying Weird and Never Phoning It In

The Santa Ana winds are blowing as we drive through the gate of Tommy’s Funhouse, the legendary mountaintop porn house in Newbury Park, California. Inside, we find director Jim Powers in the middle of a typical shoot day.

Fast-Tracked Arizona Bill Includes Consent 'Catch-22' for Adult Sites

A bill advancing rapidly through the Arizona state legislature would impose new requirements for adult content uploaded online, including seemingly contradictory provisions that could effectively make it impossible for adult sites to operate in the state.

VirtualRealPorn Launches New WebXR Site

VirtualRealPorn has officially launched its new site, powered by Web Extended Reality (WebXR).

'MyAsianGFs' Launches Through Paysite.com

MyAsianGFs.com has officially launched through Paysite.com.

Corey Silverstein to Host Webinar on North Carolina Age Verification Thursday

Adult industry attorney Corey D. Silverstein has announced his latest "Legal Impact" webinar, titled "North Carolina AV Law — Content Creation Issues," to livestream Thursday at 4 p.m. (EST).

Ofcom Fines 8579 LLC $1.8 Million for AV Noncompliance

U.K. media regulator Ofcom on Monday imposed a fine of 1.35 million pounds (more than $1.8 million) against adult site operator 8579 LLC for failing to implement age checks as required for compliance with the Online Safety Act.

Pearl Industry Network Launches 'TrustLink' Creator Verification Platform

Trade group Pearl Industry Network (PiN) has launched TrustLink, its free creator verification platform.

UPDATED: Supreme Court Rejects Tariffs, Trump Responds

The U.S. Supreme Court on Friday ruled against the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry, prompting the president to announce a new tariff strategy as a workaround.

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Cherie DeVille Joins Woodhull Freedom Foundation 'Free Speech' Panel

Multi-XMAs winner Cherie DeVille will join the upcoming Woodhull Freedom Foundation panel series "Fact Checked by Woodhull," addressing free speech on Feb. 26.

Show More