In LiveJournal case, plaintiff tries to outflank the DMCA Safe Harbor

Here’s a DMCA copyright case to watch: Mavrix Photography v. LiveJournal, as explained by Corynne McSherry at Electronic Frontier Foundation, link.  

The problem is that the plaintiff sued anyway, bypassing waiting for a takedown under DMCA Dafe Harbor, on the “theory” that the site moderated the content but did so inadequately.

  

And unfortunately the Ninth Circuit, usually favorable to free speech, is letting it go to trial.