Chicago-Kent Board of Overseers Technology Committee

Chicago-Kent Board of Overseers Technology Committee

File Sharing Networks: Sony, Napster, Grokster, Bit Torrent Richard Warner Sony v. Betamax Recording complete TV shows for the personal purpose of time-shifting does not infringe copyright. It is fair use.

Providing a recording device that can be used to infringe copyright is not contributory copyright infringement if the product is widely used for legitimate, unobjectionable purposes. Indeed, it need merely be capable of substantial noninfringing uses. Contributory Infringement/Vicarious Liability

Vicarious liability: the right and ability to control users; and a direct financial benefit from the wrongful activity. Contributory infringement: knowledge of the infringing activity, and a material contribution (actual assistance or inducement). How Napster Works The Central Server

The Napster central servers had a complete list of every shared song available on every hard disk connected to Napster at that time. Copyright law allows friends to share music with friends. The legal theory behind Napster: "All of the people on Napster are sharing songs with friends." Napster Is Illegal

Napster users violate copyright when they download copyrighted works without permission. Napster also incurs legal liability. Vicarious liability: the right and ability to control users; and a direct financial benefit from the wrongful activity.

Contributory infringement: knowledge of the infringing activity, and a material contribution (actual assistance or inducement). How Grokster Works No Central Server No central database indexes all of the files on the Gnutella network. The machines tell each other about available files.

Is Grokster Illegal? Vicarious liability: the right and ability to control users; and a direct financial benefit from the wrongful activity. Grokster lacks the right and ability to control. Contributory infringement: knowledge of the

infringing activity, and a material contribution (actual assistance or inducement). Grokster has no specific knowledge of infringing activity. Inducement We hold that one who distributes a device

with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.

MGM Studios v. Grokster Does It Violate Copyright Law Merely Maintain A Gnutella Vicarious liability: the right and ability to control Network? users; and a direct financial benefit from the wrongful activity.

Contributory infringement: knowledge of the infringing activity, and a material contribution (actual assistance or inducement). No right and ability No knowledge Inducement: distributes a device with the object of

promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement. No company or organization. BitTorrent Index server Operators of Bit Torrent Index Servers

Operators can be liable for copyright violation under an inducement theory.

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