Ventura Content v. Motherless, Inc.
Who posts what to a website makes a huge difference when it comes to eligibility for protection from infringement liability under the safe harbor provisions. In this case, users— rather than site administrators— posted the infringed materials, and the administrators (defendants) did not have actual or apparent knowledge of the infringement. Importantly, defendants historically removed content that infringed and banned users that repeatedly infringed. The court held they were eligible for safe harbor protection.