On September 13, Ashima Dayal, Davis + Gilbert Advertising + Marketing partner, will speak on a panel for Copyright and Technology 2022 Conference entitled “Thank You for Your Service: The Future of the Server Test.”
Fifteen years ago, Perfect 10 v. Amazon.com established the Server Test for content embedded in web pages: the publisher of a web page can be liable for infringement of the embedded content if it also hosts the content on its own servers, but not if it merely links to content hosted elsewhere. Decisions in the Southern District of New York since then, including Goldman v. Breitbart, Nicklen v. Sinclair Broadcast Group, and most recently McGucken v. Newsweek, have gone the other way.
- Is the Server Test any more or less relevant with today’s technology, as opposed to the technology of 2007?
- And is it headed for the Supreme Court … or for oblivion?