Affirmative defense asserting that Copyright Act is unconstituational survives motion to strike

Plaintiff sued defendant search engine for copyright infringement alleging that defendant wrongfully reposted a picture plaintiff had taken. Defendant’s answer included a number of affirmative defenses. Plaintiff moved to strike the affirmative defenses. The court struck some of them but allowed at least a couple of them to survive. Unclean hands – Defendant alleged that, in light of plaintiff’s practice of taking photographs of no actual value, for which there is no market, seeding them on the internet for the purpose of attempting to extort revenue through litigation, the claims for equitable relief were barred by unclean hands. Plaintiff objected, claiming that it was scandalous to characterize plaintiff’s enforcement efforts this way. The court found, though, that the defense was adequately pled and not scandalous. “While the … defense is unfavorable to Plaintiff, it does not ‘cast a cruelly derogatory light on’ Plaintiff…

Read more detail on Recent Copyright posts –

This entry was posted in Copyright Law and tagged , , , , , , , . Bookmark the permalink.

Leave a Reply