The case is fascinating, but it is also somewhat odd, as the Ninth Circuit has determined that Motherless did not have the right to curate the content of the website. The Ninth Circuit’s analysis of this case is somewhat odd, and it is difficult to tell what the court meant by “right to control” and “actual curation.”
Summary judgment in favor of Motherless
A recent summary judgment in favor of Motherless upheld a trial judge’s ruling that it had the legal authority to grant the plaintiffs’ motion for summary judgment. Motherless operates a UGC site of adult content, but the site is not licensed by any content producers. The site relies heavily on advertising and schwag sales to keep its doors open, though it does pay its uploaders cash and schwag. One of its most prolific bulk uploaders earned $200.
Although Motherless banned content containing child pornography and bestiality, it allowed other UGC. This included some user-created groups. Although Motherless did not reject such content, it removed some due to legality issues raised by European advertisers. Moreover, it did not require its users to register or use any special software to post content. In this regard, Motherless’s legal strategy was effective. The Court noted that a company’s ability to enforce its standards and monitor its users’ activity was sufficient.
The court noted that while Motherless screened and organized user-uploaded content to make it easier for users to find it, its activities fell outside the scope of DMCA SS 512(c)(1). The court emphasized that it permitted subscribers to tag content before posting it. While it allowed users to tag their content, it was still a violation of the law, despite its actions. In other words, Motherless acted as a service provider, not a content owner.
A summary judgment can be granted when a party’s evidence cannot be overcome by the other party’s evidence. This means that the plaintiff cannot win a summary judgment on the merits of their case if the facts and law support the motion. It’s not uncommon for the court to grant summary judgment without a trial in a case where the opposing party is unrepresented. In such a case, the judge must weigh designated evidence in the light most favorable to the opposing party.
We have recently conducted research to determine the effects of flower orientation on pollination in mothless orchids. Flower orientation may affect pollination by enhancing foraging success and allowing more pollen to be transferred to the flowers. This study shows that flower orientation affects pollination. Our results suggest that plants in high wind conditions may not support pollination in mothless orchids. Several other factors may also affect pollination, including flower orientation.