“Instagram’s Embedding Tools and Copyright: Ninth Circuit’s Ruling Explained“
The Ninth Circuit Court rules that “Instagram isn’t liable for copyright infringement because it provides embedding tools that allow third-party websites to retrieve and display copyrighted photos”. Because it doesn’t pass the “server” test, it isn’t infringement.
The server test is a BS ruling that online pirates attempt to hide behind as they repeatedly host full-on piracy websites. Some judges, ahem (https://www.reuters.com/legal/transactional/manhattan-judge-rejects-server-test-internet-copyright-infringement-2021-07-30/), disagree with such a test being the only standard.
Piracy sites state they “don’t host” any of the illegal videos on their own site so they aren’t liable, while displaying thousands of illegally hosted movies from various servers in foreign countries that are friendly to infringement. That is a false argument that has time and again not held up in court and why they are still in violation of the DMCA.
I don’t think IG is necessarily liable, but should be liable for allowing infringing content to pass through. In this case, it is pretty clear that Time and Buzzfeed News both used a photographers photo, without permission, to boost traffic and income for their commercial entities … the definition of copyright infringement.
PS We love us some really poorly AI generated “designs” (see the post’s featured photo) with clearly blurred letters and gaps in images when you look closely. We welcome the trash fire.
