CoStar Group, Inc. v. LoopNet, Inc.

CoStar Group, Inc. v. LoopNet, Inc., 373 F.3d 544 (4th Cir. 2004), is a United States Court of Appeals for the Fourth Circuit decision about whether LoopNet should be held directly liable for CoStar Group’s copyrighted photographs posted by LoopNet’s subscribers on LoopNet’s website. The majority of the court ruled that since LoopNet was an Internet service provider ("ISP") that automatically and passively stored material at the direction of users, LoopNet did not copy the material in violation of the Copyright Act. The majority of the court also held that the screening process by a LoopNet employee before the images were stored and displayed did not alter the passivity of LoopNet. Justice Gregory dissented, stating that LoopNet had engaged in active, volitional conduct because of its scre

CoStar Group, Inc. v. LoopNet, Inc.

CoStar Group, Inc. v. LoopNet, Inc., 373 F.3d 544 (4th Cir. 2004), is a United States Court of Appeals for the Fourth Circuit decision about whether LoopNet should be held directly liable for CoStar Group’s copyrighted photographs posted by LoopNet’s subscribers on LoopNet’s website. The majority of the court ruled that since LoopNet was an Internet service provider ("ISP") that automatically and passively stored material at the direction of users, LoopNet did not copy the material in violation of the Copyright Act. The majority of the court also held that the screening process by a LoopNet employee before the images were stored and displayed did not alter the passivity of LoopNet. Justice Gregory dissented, stating that LoopNet had engaged in active, volitional conduct because of its scre