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.
Feed/

518 Viewed

Channel

Property

1 page

"518 viewed in the context of the entire record its import is clear. The unlawful objective is unmistakable. B In addition to intent to bring about infringement and distribution of a device suitable for infringing use, the inducement theory of course requires evidence of actual infringement by recipients of the device, the software in this case. As the account of the facts indicates, there is evidence of infringement on a gigantic scale, and there is no serious issue of the adequacy of MGM’s showing on this point in order to survive the companies’ summar y judgment requests. Although an exact calculation of infringing use, as a basis for a claim of damages, is subject to dispute, there is no question that the summary judgment evidence is at least adequate to entitle MGM to go forward with claims for damages and equitable relief. * * * In sum, this case is significantly different from Sony and reliance on that case to rule in favor of StreamCast and Grokster was error. Sony dealt with a claim of liability based solely on distributing a product with alternative lawful and unlawful uses, with knowledge that some users would follow the unlawful course. The case struck a balance between the interests of protection and innovation by holding that the product’s capability of substantial lawful employment should bar the imputation of fault and consequent secondary liability for the unlawful acts of others. MGM’s evidence in this case most obviously addresses a different basis of liability for distributing a product open to alternative uses. Here, evidence of the distr ibutors’ words and deeds going beyond distribution as such shows a"

Flowchart preview
Series cover
👍
0
0 comments0 shares

Sign in to view and post comments.