Advanced Copyright Law on the Internet

company’s goals acknowledged that, “Currently, the most common use of the Gnutella Network is the sharing of music files, many o ...

for all LimeWire users or made the default setting “on.” The court further noted that LimeWire had considered, but failed to imp ...

The court granted the plaintiffs’ request for summary judgment with respect to their vicarious liability infringement claim. The ...

jointly and severally liable. The court rejected this argument and ruled that the plaintiffs were entitled to only one statutory ...

of the plaintiffs’ copyrights if the defendants had not done so. The court held that the defendants could not argue they were no ...

principles permit a court to impute intent – for instance, where the defendant knows of specific infringing content available on ...

The court noted that Hotfile’s general knowledge of infringement, even if rampant, was insufficient by itself to support liabili ...

With respect to Yeo, the complaint adequately alleged direct infringement of the distribution right by alleging that Yeo publish ...

Williams to be a draw.^2257 Citing the Ellison case, the court held “that if the presence of infringing material on Scribd’s web ...

location tools: a site-linking aid or directly, including a hyperlink or index; a navigational aid, including a search engine or ...

functions for purposes of applying this section. Whether a service provider qualifies for the limitation on liability in any one ...

engaged in through a technological process initiated by another through the facilities of an OSP could constitute direct infring ...

Internet to the user’s Napster browser and hard drive.”^2267 Napster argued that it satisfied the preceding five specific condit ...

argument that its system should be deemed to include the Napster browser on its users’ computers and that the MP3 files were tra ...

In Ellison v. Robertson,^2276 an individual named Robertson scanned several fictional works written by the plaintiff and posted ...

the right and ability to control the infringing activity for purposes of common law vicarious liability.^2281 With respect to th ...

attributable to the infringing activity.’” S. Rep. 105-190, at 44. But “where the value of the service lies in providing access ...

violate intellectual property rights.”^2291 The court therefore held that AOL had satisfied the predicate requirements of Sectio ...

The court further ruled that AOL had satisfied the remaining requirements of Section 512(a). The transmission of the plaintiff’s ...

The facts of the Aimster/Madster lawsuits are set forth in Section III.C.2(c)(3) above. In that case, Aimster asserted the Secti ...