Perfect 10, Inc. v. CCBill LLC

ORDER

The opinion filed on March 29, 2007, [ 481 F.3d 751 ], is amended as follows:

On slip opinion page 3577, [ 481 F.3d at 767-68 ] line 33, after “federal intellectual property.” insert the following footnote:

With this amendment, the panel has voted to deny the petition for rehearing and petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on it. The petition for rehearing and petition for rehearing en banc are DENIED. No further petitions for rehearing may be filed.

AMENDED OPINION

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…