Advanced Copyright Law on the Internet

he knew of the users’ infringing actions, and yet substantially participated by inducing, causing or materially contributing to ...

MusicShare software and then clicking a “Find It” button. The Napster servers would perform a text search of the file names in t ...

of which were eventually consolidated before Judge Patel in the Northern District of California under the Multi-District Litigat ...

major substantive changes to copyright law. First, Subchapter D of the AHRA (Section 1008) immunizes certain noncommercial recor ...

clouded the marketplace. The bill will bar copyright infringement lawsuits for both analog and digital home audio recording by c ...

from “digital musical recordings,” it was not a “digital audio recording device” and was therefore not subject to the SCMS requi ...

The district court, in a terse analysis of the AHRA in a footnote, rejected the argument that Section 1008 of the AHRA immunized ...

individuals, the court finds that download and uploading MP3 music files with the assistance of Napster are not private uses. At ...

Sony Corp. of Am. v. Universal City Studios, Inc.,^1652 which held that a manufacturer is not liable for contributory infringeme ...

erroneously concluded that sampling is not a fair use because it determined that samplers may also engage in other infringing ac ...

The district court rejected this argument, ruling that Napster’s reliance on the Diamond decision was erroneous because that was ...

doctrine: “Napster’s primary role of facilitating the unauthorized copying and distribution of established artists’ songs render ...

On appeal, the Ninth Circuit in Napster I also did not draw a distinction between a device and a service for purposes of applyin ...

generalized knowledge that the Napster system might be used for infringing transmissions was not sufficient for contributory lia ...

Napster has knowledge, both actual and constructive, of direct infringement.”^1690 Both of these statements suggest that constru ...

concluded that the record established sufficient knowledge to impose contributory liability on Napster “when linked to demonstra ...

infringing activity of its users and had a direct financial interest in such activity.^1702 Napster argued that it did not have ...

The Ninth Circuit’s view of the vicarious liability doctrine was broad on both the financial benefit and supervision prongs. Wit ...

Third, the Ninth Circuit did not specifically define what constitutes a “detectable” act of infringement, and the scope of the d ...

Summary of Secondary Liability Under the Ninth Circuit’s Decision. At the end of its opinion in Napster I, the Ninth Circuit of ...