Grokster, Bittorrent, Copyright Infringement, and Inducement: How Modus Operandi Can Provide a Functional Standard for Future File-Sharing Cases

35 Pages Posted: 5 Sep 2007

Date Written: May 1, 2007

Abstract

In 2005, the Supreme Court issued its landmark ruling in MGM Studios Inc. v. Grokster, Ltd. In that ruling, the Court created the inducement standard, a new avenue by which artists could pursue claims against file-sharing companies that were facilitating the infringement of their intellectual property. Under the inducement standard, the act of inducing another to infringe copyright is now sufficient to confer secondary liability. As file-sharing outfits continue to learn from previous judicial decisions and tailor their infringement-facilitating software so as to avoid legal liability, the criminal law concept of modus operandi may prove beneficial to courts in deciding whether software operators should be liable for infringement.

Keywords: law, intellectual property, entertainment, grokster, napster, aimster, modus operandi

JEL Classification: K11, K39, K42

Suggested Citation

Gregorian, Jamie, Grokster, Bittorrent, Copyright Infringement, and Inducement: How Modus Operandi Can Provide a Functional Standard for Future File-Sharing Cases (May 1, 2007). Available at SSRN: https://ssrn.com/abstract=1010170 or http://dx.doi.org/10.2139/ssrn.1010170

Jamie Gregorian (Contact Author)

George Mason University ( email )

4400 University Drive
Fairfax, VA 22030
United States

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