Co Star V. Loop Net - Arguments of CoStar

Arguments of CoStar

CoStar argued that since the United States Congress considered the Netcom case and codified its principles in enacting the Digital Millennium Copyright Act ("DMCA"), the DMCA should supplant and preempt the Netcom case as the only exemption from liability for direct copyright infringement for ISPs. CoStar argued that because LoopNet could not satisfy the conditions of the DMCA, LoopNet should be strictly liable for direct copyright infringement.

CoStar also argued that even if Netcom's construction of copyright infringement liability for ISPs was still valid, LoopNet's acts were volitional and therefore LoopNet should be liable for direct copyright infringement because of its employee's screening process.