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.
Read more about this topic: Co Star V. Loop Net
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“It has often been argued that absolute scepticism is self-contradictory; but this is a mistake: and even if it were not so, it would be no argument against the absolute sceptic, inasmuch as he does not admit that no contradictory propositions are true. Indeed, it would be impossible to move such a man, for his scepticism consists in considering every argument and never deciding upon its validity; he would, therefore, act in this way in reference to the arguments brought against him.”
—Charles Sanders Peirce (1839–1914)