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ALS SCAN v. REMARQ COMMUNITIES

No. 00-1351

239 F.3d 619 (2001)

Als Scan, Incorporated, Plaintiff-Appellant, v. Remarq Communities, Incorporated, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 6, 2001

Attorney(s) appearing for the Case

ARGUED: Harry Brett Siegel, LAW OFFICE OF JOEL MARC ABRAMSON, Columbia, Maryland, for Appellant. Robert R. Vieth, COOLEY GODWARD, L.L.P., Reston, Virginia, for Appellee. ON BRIEF: Robert T. Cahill, COOLEY GODWARD, L.L.P., Reston, Virginia, for Appellee.

Before WIDENER, WILKINS, and NIEMEYER, Circuit Judges.

Affirmed in part, reversd in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WIDENER and Judge WILKINS joined.

OPINION

NIEMEYER, Circuit Judge:

We are presented with an issue of first impression — whether an Internet service provider enjoys a safe harbor from copyright infringement liability as provided by Title II of the Digital Millennium Copyright Act ("DMCA") when it is put on notice of infringement...

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