Bifalgorithm post · Property · 13.05[E][4][c], p. 13-84 (1982). Proof of actual harm, or
518 Viewed
518 Viewed (Property · 13.05[E][4][c], p. 13-84 (1982). Proof of actual harm, or) — "518 viewed in the context of the entire record its import is clear. The un…
Ideas in this flowchart
- The record supports MGM’s inducement theory and distinguishes this case from Sony.
- Viewed in the context of the entire record, the unlawful objective is unmistakable.
- Inducement liability requires intent, distribution of a suitable device, and actual infringement.
- The distributors must intend to bring about infringement.
- The distributors must distribute a device suitable for infringing use, here the software.
- Recipients of the device must actually infringe.
- The evidence indicates infringement on a gigantic scale and adequately supports MGM’s showing.
- The exact calculation of infringing use for damages remains subject to dispute.
- The summary judgment evidence is nevertheless adequate for MGM to pursue damages and equitable relief.
- Sony concerned liability based solely on distributing a product with substantial lawful and unlawful uses.
- Sony held that substantial lawful capability could bar secondary liability for users’ unlawful acts.
- MGM’s evidence addresses a different basis of liability by showing words and deeds beyond distribution itself.
