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On July 3rd the 9th Circuit filed its opinion in Perfect 10 v. Visa Int’l Serv. Assoc., (9th Cir. 2007). The majority (Reinhardt and Smith) takes itself to be following the recent P10 decisions from the 9th Circuit, Perfect 10, Inc. v. CCBill LLC, (9th Cir. 2007). and Perfect 10, Inc. v. Amazon, Inc., (9th Cir. 2007), finds the claims against Visa were rightly dismissed, and has an interesting discussion of secondary liability–worth reading even if you’re intimately familiar with CCbill and Amazon. Kozinski’s dissent is classic Kozinski and also worth a read. He ends in exasperation, “In straining to escape the strictures of our caselaw, the majority draws a series of ephemeral distinctions that are neither required nor permitted; the opinion will prove to be no end of trouble.”

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When one recalls that Kozinski penned the opinion in the rightly-maligned Fair Housing Council v. Roommates.com, LLC, (9th Cir. 2007) decision from May of this year, one can see how divergent Kozinski’s views are on these topics from his fellow judges.

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I wrote a detailed analysis of the opinions, No End of Trouble? Perfect 10 v. Visa International and Secondary Liability.

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