Perfect 10, Inc. v. Giganews, Inc.

(1) Whether the U.S. Court of Appeals for the 9th Circuit correctly held"in conflict with the U.S. Courts of Appeals for the 2nd, 6th, 7th, and 8th Circuits"that a defendant "profits from" direct infringement for purposes of vicarious copyright liability only if a plaintiff proves that its work, as opposed to the totality of the infringing content offered by defendants, was the reason customers were drawn to the defendant's business; and (2) whether the U.S. Court of Appeals for the 9th Circuit correctly held"contrary to the decisions of the Supreme Court"that a defendant does not engage in direct copyright infringement when it displays, reproduces, or distributes infringing material, so long as that conduct is accomplished through an automated process.