Big C Myvidster Social bookmarking website myVidster found itself at the center of a legal battle between Flava Works and myVidster over claims it contributed to infringing upon Flava’s copyrights. A panel from the Seventh Circuit court found myVidster wasn’t violating its members’ rights by uploading videos owned by Flava onto its servers for later viewing; rather, myVidster simply provided people with the ability to bookmark such videos so they can be watched later from any myVidster server.

MyVidster connects its servers via “thin” Internet connections that act like telephone exchanges to link two phones together. Visitors of myVidster can see which server hosts any video they bookmark; when someone watches it elsewhere online myVidster simply serves as an electronic bridge between servers.

Flava claims that myVidster is illegally promoting pirated videos and infringing upon its exclusive right to reproduce the work in copies and distribute copies. While the evidence for these claims may be sparse, Flava cannot blame myVidster solely for their loss in revenue as there are multiple other websites that provide access to these videos as well.

Flava asserts that myVidster’s failure to comply with “takedown” notices sent by her is in breach of its duty to take down repeat infringers; but, even if true, this wouldn’t change myVidster’s liability as the law doesn’t recognize secondary infringement (unlike direct infringement recognized by courts) or inducement as grounds for liability.