does not encompass copyright law." On September 1, 2011, the court denied Gunter's motion for reconsideration of their July 27, 2011 injunction. Gunter claimed that the holding of the Court was in direct contradiction to the United States Court of Appeals for the Ninth Circuit decision in Perfect 10, Inc. v. Amazon.com, Inc., and that myVidster users had committed no direct infringement, and therefore Gunter could not be responsible for contributory infringement. The majority of myVidster users did not actually save copies of infringing material, but rather used in-line linking to post videos. While the Perfect 10, Inc. v. Amazon.com, Inc. did involve the in-line linking of content, the court declined to apply this precedent to the case, citing that: The 9th circuit decision was nonbinding to the court and The case was "highly fact-specific and distinguishable" The court drew distinction between the conduct of Google and myVidster users, portraying Google's activity as a neutral search algorithm while myVidster users "handout-pick" content. The case was appealed to the Seventh Circuit Court of Appeals - argument was heard on May 25, 2012; a decision was rendered on August 2, 2012, vacating the district court's grant of a preliminary injunction. The case gained notoriety after Google, Facebook, and the Motion Picture Association of America (MPAA) filed amici briefs with the Court of Appeals. Ruling The Court, presided by Judge Posner, held that Flava Works failed to establish substantial likelihood of success on the merits of its contributory infringement claim. Grounds of the ruling included - The "infringers" were people uploading material in breach of copyright. There was no evidence these were myVidster users, nor evidence of a link between such people and myVidster, nor that myVidster "contributed" or incentivized this behavior. The myVidster user viewing such material online is not engaging in copyright infringement, any more than a person "sneaking into a movie theater to watch a movie without buying a ticket" is infringing copyright by seeing the movie: - "That is a bad thing to do (in either case) but it is not copyright infringement". The "typical" definition of a "contributory" infringer is unhelpful, insofar as it allows that a person "may" be held liable (and presumptively therefore may not in some cases be held liable), does not define "materially" and does not distinguish "cause" from "contribute". The definition of Bender v West Publishing and Perfect 10 v. Amazon is preferable