Cloudflare Counters Mass Piracy Allegations in ‘Thothub’ Lawsuit
An Anonymous Coward writes:
https://torrentfreak.com/cloudflare-counters-mass-piracy-allegations-in-thothub-lawsuit-201019/
Cloudflare has denied that it's part of a RICO copyright infringement conspiracy. The CDN provider responded to the allegations from Texas-based model Deniece Waidhofer, who sued Cloudflare, Thothub and several advertisers. While Thothub has vanished, the lawsuit isn't going away just yet.
[...] In the US, the company is also involved in various copyright infringement lawsuits. One of the most prominent was filed this summer by Deniece Waidhofer, a Texas-based model with millions of followers, who sells sexy pictures of herself online.
[...] Unhappy with the state of play, Waidhofer took Thothub to court. In a complaint filed at a federal court in California, she accused the site's alleged operator - who goes by the name "Captain Thotcakes" - and the site's members of direct copyright infringement.
The claims also apply to several advertisers and Cloudflare, the CDN provider used by the site. Together, these parties are also charged with other claims, including violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act.
[...] In a 34-page filing, Cloudflare refutes the allegations. It asks the court to dismiss all claims, describing the lawsuit as a "frivolous" attempt to hold an innocent third-party intermediary liable.
[...] According to the CDN provider, the copyright infringement allegations can't be backed up. For example, there is insufficient evidence to show that it purposefully contributed to any infringing activity.
The RICO conspiracy claim fails as well, Cloudflare argues. This requires proof that the companies involved caused Waidhofer harm and that there is a close, direct, and causal connection with Cloudflare's business activities.
RICO is no joke.
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