Bifalgorithm post · Property · 13.05[E][4][c], p. 13-84 (1982). Proof of actual harm, or
516 Understanding
516 Understanding (Property · 13.05[E][4][c], p. 13-84 (1982). Proof of actual harm, or) — "516 have been the understanding of anyone offered Grokster’s sugges…
Ideas in this flowchart
- Grokster and StreamCast acted with the purpose of inducing copyright infringement.
- The companies' communications provided evidence of that unlawful purpose.
- Both companies responded affirmatively to requests for help locating and playing copyrighted materials.
- StreamCast also used internal communications and advertising directed at former Napster users.
- In inducement theory, a defendant's own message can demonstrate an unlawful purpose.
- The message may also identify actual infringers among those who hear or read it.
- Sending a message is the primary, but not exclusive, proof of active steps intended to cause infringement.
- Other evidence showed that infringement occurred through the distributed software.
- Unlike the manufacturer and distributor in Sony, the companies acted purposefully to cause copyright violations.
- A notable feature of the intent evidence was targeting a known demand for copyright infringement.
- That demand came from the market of former Napster users.
- StreamCast referenced Napster, distributed Morpheus through compatible OpenNap software, advertised to Napster users, and supported more file types.
