Secondary Copyright Liability Archives

MGM v. Grokster: The U.S. Supreme Court Will Revisit Sony-Betamax (2005)

Monday, 05 September 2005 by Elliott Alderman

At the end of March 2005, the Supreme Court will hear oral argument in MGM v. Grokster, reviewing a decision of the U.S. Court of Appeals for the Ninth Circuit and reconsidering the continued viability of the landmark Sony-Betamax case in the new millennium. Since Sony-Betamax, it has been well-settled that manufacturers and distributors are not vicariously liable for

Published in Contributory Copyright Infringement, Copyright Inducement Liability, Copyright Law, Filesharing, Intellectual Property Law, Intermediary Liability, Internet, P2P, Peer To Peer Sharing, Secondary Copyright Liability, Vicarious Copyright Infringement

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MGM v. Grokster: The U.S. Supreme Court Decision (2005)

Tuesday, 05 July 2005 by Elliott Alderman

On June 27, 2005 on a copyright ruling, nine justices of the Supreme Court agreed, in MGM v. Grokster, that the distributors of devices capable of both lawful and unlawful uses are liable for the infringing acts of third parties, where, as shown by clear expression or other affirmative steps, the distributors promote the infringement. Distinguishing Sony,