Bifalgorithm post · Property · Problems
Recording Guides
Recording Guides (Property · Problems) — "A developer sells software that records in an audio file all audio output by one’s computer. A web designer creates a…
Ideas in this flowchart
- Comparative copyright liability of the software developer and web designer
- Developer's software case
- The software records all audio output by a computer in an audio file
- The developer is not liable
- Inducement liability is unlikely because there is no evidence of encouragement to make illegal copies
- Vicarious liability is not a realistic possibility
- The developer lacks practical ability to control use after users download the product
- Courts are unlikely to require monitoring users and routing usage information to the developer
- Liability under a Sony theory is almost certainly unavailable
- The product is capable of substantial noninfringing uses
- These uses include recording noncopyrighted streams and making other kinds of recordings
- Web designer's website case
- The designer operates a popular, ad-supported website with how-to guides
- Inducement is the most promising theory because the designer encourages copying through instructions rather than releasing a copying product
- Even one guide instructing users to copy a copyrighted stream could support liability, despite other guides involving noncopyrighted streams
