and trademark violations claimed by Flava Works, leaving only the count of contributory copyright infringement. Judge John F. Grady: "The plaintiff alleges… after having received the notices of defendants failed to act to prevent future similar infringing conduct…", further "it [plaintiff] also alleges that MyVidster has no filters or identifiers in place to prevent infringers and that it took no action to stop or ban of the repeat infringers who allegedly posted plaintiff's copyrighted works. These allegations are more than sufficient to allege material contribution." The court granted a preliminary injunction on July 27, 2011 against MyVidster citing sufficient knowledge of infringement on Gunter's part to support contributory infringement claims, while denying DMCA safe harbor defense based on Gunter's failure to take meaningful action against repeat infringers. The court satisfied the requirement for material contribution to infringing activity through the basic nature of the MyVidster site: "Gunter provides the MyVidster site, which enables the display of embedded videos and thus the infringement. Gunter also makes video storage (which involves making a copy of the video) available for free." The court further supported its contributory infringement holding by citing Gunter's inevitable knowledge of the infringement that was occurring on his website: "We also have no doubt that defendants knew or should have known of the infringement occurring on MyVidster." Gunter claimed safe harbor for defense under the DMCA, specifically the safe harbor offered by the Online Copyright Infringement Liability Limitation Act applying to online service providers with "information residing on systems or networks at [the] direction of users", . To qualify for this defense, one must show that they have "…adopted and reasonably implemented, and informs subscribers and account holders of the service provider's system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider's system or network who are repeat infringers…", according to . The court drew specific issue with Gunter's repeat violator policy of removing content that originally existed behind a pay wall, and sending the violator an e-mail warning. The court took issue both with the incompleteness of this policy and the fact that it did not address copyright law: "Gunter's 'repeat infringer' policy is in fact no policy at all, at least with respect to copyright infringement." The court commented that Gunter's "perspective is the epitome of 'willful blindness'", further "his definition of 'repeat infringer'