position not recognized as liable in any current theory of law - indeed the law does not recognize "secondary" infringement either. It recognizes three positions: direct infringement, contributory infringement, and non-infringement. myVidster was also not responsible for any performance "publicly". While arguably at infringement "performance by uploading" took place, this was not related to myVidster. On watching, myVidster users received the media directly via a third party (myVidster "did not touch the data stream") and the "performance" was neither "public" nor "performed" by myVidster. (By analogy, when a newspaper states a play is on, and provides directions to where it may be seen, it is not thereby "performing" them or causing them to be "performed") To decide otherwise would "blur the distinction between direct and contributory infringement" to an inappropriate level. Unlike "swap meets" where commercial benefit was expected to flow, myVidster did not seek to achieve commercial benefit by promoting infringing activity. (A previous and closed "premium" service whereby myVidster offered backup services for users had done so but was no longer active) Notes References External links 2012 in United States case law United States Court of Appeals for the Seventh Circuit cases United States copyright case law Digital Millennium Copyright Act case law