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522
522 (Property · 13.05[E][4][c], p. 13-84 (1982). Proof of actual harm, or) — "522 use s.” And they answer that question by stating that the Court of Appeals wa…
Ideas in this flowchart
- Grokster passes Sony’s test because its product has substantial noninfringing uses.
- The author disagrees with the claim that the Court of Appeals was wrong to grant Grokster summary judgment.
- The Sony opinion and the record evidence together provide adequate legal support for the Court of Appeals’ conclusion.
- Sony’s test asks whether the product is capable of substantial or commercially significant noninfringing uses.
- MGM’s expert declared that 75% of files on Grokster were infringing and 15% were likely infringing.
- These figures leave approximately 10% of the files apparently noninfringing.
- The approximately 10% noninfringing use is similar to the roughly 9% authorized time-shifting use of VCRs considered in Sony.
- Witnesses described the noninfringing files on Grokster’s network without detailed quantification.
- The network included authorized music by artists such as Wilco, Janis Ian, Pearl Jam, Dave Matthews, and John Mayer.
- The network included free electronic books and other works from online publishers, including Project Gutenberg.
- The network included public-domain and authorized software, such as WinZip.
