ALS Scan has argued to a Californian court that Cloudflare must be held liable for the copyright infringements of its customers, TorrentFreak reported.
Cloudflare counts The Pirate Bay among its clients, and ALS Scan first filed the lawsuit in August 2016.
The adult content publisher asked for partial summary judgement in the case, saying that Cloudflare aids pirates and should not qualify for “safe harbour” protection.
ALS Scan also argued that Cloudflare operates differently to an ISP and should not be entitled to DMCA protection, because it is a “smart system” which modifies content – instead of acting as a “dumb pipe.”
Even if safe harbour protections apply to Cloudflare, it has lost them by not implementing a reasonable policy around copyright infringement, including termination of repeat offenders, it said.
The case is expected to continue with a counter from Cloudflare.