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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Eric Goldman

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. As a result, a rich body of case law has developed distinguishing direct liability from secondary liability. 94-1476 , at 61 (1976). 882 (2006).