Facts
CoStar was a provider of commercial real estate information. Its database included a large collection of photographs of commercial properties. LoopNet was an ISP whose website allowed subscribers to post listings of commercial real estate on the Internet. LoopNet did not post real estate listings, but enabled users to post listings that contained text messages and photographs. Prior to CoStar's original complaint about copyright infringement, when a photograph was uploaded into LoopNet's system by a subscriber, the photograph was made public immediately. Subsequent to CoStar's complaint, LoopNet initiated a system of review, which transferred uploads to one of LoopNet's internal computers for review. A LoopNet employee then reviewed the photograph to ensure that (1) it was an image of commercial real estate, and (2) it was not an obviously copyrighted image. CoStar claimed that by September 2001, it had found over 300 of its copyrighted images on LoopNet's website posted by LoopNet's subscribers. LoopNet had about 33,000 photographs posted by its subscribers at that time. LoopNet responded to takedown notices from Costar.
Read more about this topic: Co Star V. Loop Net
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