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It was that embedding an infringing video wasn't copyright infringement for purposes of the DMCA's "repeat infringer" rule.

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In the MPAA's view, then, anyone who serves a website with an embedded link to infringing content "displays" that content to users, directly infringing copyright in the process.

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A porn company called Flava Works discovered numerous myVidster pages with embedded Flava videos.

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Two briefs—one by Google and Facebook, the other by the Electronic Frontier Foundation and Public Knowledge—attacked the decision as contrary to past precedents and potentially disruptive to the Internet economy.

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It argues that "the safe harbors only apply to 'innocent' service providers.

Description: A federal judge took that position last July, prompting a chorus of criticism.

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