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Public Citizen files test case over copyright liability for embedded images


By Alison Frankel

Paul Alan Levy of Public Citizen said the group regards this suit as a test case for web forums’ liability for images embedded via deep links. He said he has seen an uptick in copyright demand letters, including demands from the Higbee firm, to the operators of web discussion sites, like Blade Forums, that did not take all of the requisite steps to qualify for safe harbor protection under the Digital Millennium Copyright Act. (Levy said Schlossberg did not realize that he had to designate a DMCA agent to receive protection.)

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