Perfect 10, Inc. v. CCBill LLC

Perfect 10, the publisher of an adult entertainment magazine and the owner of the subscription website perfectlO.com, alleges that CCBill and CWIE violated copyright, trademark, and state unfair competition, false advertising and right of publicity laws by providing services to websites that posted images stolen from Perfect 10’s magazine and website. Perfect 10 appeals the district court’s finding that CCBill and CWIE qualified for certain statutory safe harbors from copyright infringement liability under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512 , and that CCBill and CWIE were immune from liability for state law unfair competition and false advertising claims based on the Communications Decency Act (“CDA”), 47 U.S.C. § 230 (c)(1). CCBill and CWIE cross-appeal, arguing that the district court erred in holding that the CDA does not provide immunity against Perfect 10’s right of publicity claims and in denying their requests for costs and attorney’s fees under the Copyright Act.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand.

BACKGROUND

Perfect 10 is the publisher of the eponymous adult entertainment…