ACI Information Group v. MidlevelU, Inc.

(1) Whether an internet author who chooses to make its work freely available on the internet, and to permit copying of the work, without making any effort to protect that work, has an implied license to use and redistribute that content; and (2) whether the directive that a district court "shall" seek input from the Copyright Office whenever there is an allegation that a copyright registration was procured by fraud, 17 U.S.C. § 411(b)(2), is a statutory mandate (as the 7th and 9th Circuits have held) or a waivable suggestion (as held by the 5th Circuit and the court below).