Shopify, textbook publisher asks court to dismiss piracy allegations – National

Shopify Inc. and a group of textbook publishers, accusing the tech company of profiting from content that infringes their copyright or infringes their trademarks, have asked a US court to dismiss the case.

Joint filings made in a Virginia court on Monday said Shopify and the companies have settled the matter and want the case dismissed with each party bearing its own legal fees.

Shopify spokesman Alex Lyons said in an emailed statement.

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The court battle began late last year, when textbook publishers accused Shopify of allowing merchants to use their software to illegally copy and sell textbooks, test banks, etc. and other manuals that are identical or “essentially indistinguishable” from their product.

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They argued that Shopify, which sells e-commerce software, provided these sellers with “anonymity, fake legitimacy, and a safe haven from which to break the law.”

The five publishers bringing charges against the Ottawa-based technology company are Macmillan Learning, Cengage Learning Inc., Elsevier Inc., McGraw Hill LLC and Pearson Education Inc.

They are seeking damages including up to $150,000 for each copyright infringed and $2 million for each counterfeited trademark.

Shopify has denied all of their claims and argued that it is quick to respond to all infringement notices and publisher takedown requests.

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The company counted more than 5,000 takedown requests or trademark infringement notices that publishers filed under the US Digital Millennium Copyright Act (DCMA).

In a court filing in March, Shopify added that it reviewed more than 50,000 unique URLs associated with more than 1,750 merchants submitted by publishers between October 2018 and January 2022.

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It claims more than 90% of URLs were removed, 95% were taken down within five business days, and more than two-thirds took place within one business day.

Lyons reiterated its commitment to remove trademark infringing material on Wednesday, saying, “Shopify has rigorous processes in place to remove content that infringes on intellectual property rights under the DMCA and has a long track record of respecting intellectual property rights. intellectual property rights”.

© 2022 Canadian Press


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