Abstract

http://ssrn.com/abstract=956192
 


 



Inducement as Contributory Copyright Infringement: Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.


Laura A. Heymann


College of William & Mary - Marshall-Wythe School of Law


International Review of Intellectual Property and Competition Law, Vol. 37, No. 1, pp. 31-46, 2006

Abstract:     
This brief commentary, published in January 2006, provides an analysis of the Grokster decision. It begins by characterizing the U.S. Supreme Court's decision in Sony Corp. of America v. Universal City Studios as conveying two important limitations on secondary liability: a recognition of the difference between knowledge acquired before product distribution and knowledge acquired afterward, and a requirement that this knowledge must relate to the product's design for infringement rather than for copying. It then goes on to describe the Court's inducement-based holding in Grokster and evaluates the two concurrences considering the Sony question sidestepped in the majority opinion, ultimately concluding that Justice Breyer's concurrence, which relies on the important distinction between the distribution of technology generally and the promotion of technology for a particular (infringing) purpose, is more faithful to the values underlying Sony.

Number of Pages in PDF File: 17

Keywords: copyright, infringement, grokster, sony

Accepted Paper Series


Download This Paper

Date posted: January 11, 2007  

Suggested Citation

Heymann, Laura A., Inducement as Contributory Copyright Infringement: Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.. International Review of Intellectual Property and Competition Law, Vol. 37, No. 1, pp. 31-46, 2006. Available at SSRN: http://ssrn.com/abstract=956192

Contact Information

Laura A. Heymann (Contact Author)
College of William & Mary - Marshall-Wythe School of Law ( email )
613 South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
Feedback to SSRN


Paper statistics
Abstract Views: 904
Downloads: 140
Download Rank: 120,217

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.250 seconds