Dissenting Opinion By Judge Gregory
Circuit Judge Gregory dissented with the majority opinion. Judge Gregory stated that LoopNet employees had made conscious choices to accept or reject the photographs. Therefore LoopNet had engaged in active, volitional conduct. Since the Netcom defense applied only to passive and auotmated ISPs, Judge Gregory concluded that the Netcom defense did not apply to LoopNet and the district court opinion should be reversed.
Read more about this topic: Co Star V. Loop Net
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