Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)
Eric Goldman
AUGUST 1, 2023
It is hornbook law that secondary liability of all kinds requires proof that direct infringement is occurring. The legislative history also expressed an intent to retain existing case law on vicarious liability of a principal for the acts of its agents, including independent contractors. 94-1476 , at 61 (1976).
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