Online CopyrightInfringement• Decision: MGM S

tudios v. Grokster (2005, U.S. Supreme Court).

• Who are the parties in the case?

Grokster

Understanding the applicable law:• What is direct copyright

infringement?• Was it the subject of the Grokster

case?• What is indirect or secondary

copyright infringement?

Grokster

Contributory Copyright Infringement: To Intentionally induce or encourage

direct infringement.

Grokster

Vicarious Copyright Infringment: To profit from direct infringement

while declining to exercise a right to stop or limit it.

Grokster – holdingof the caseInducement Theory of Copyright

Infringement:”… one who distributes a device with the

object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.”

Grokster,Management Problem, Cont’d.

• Does it matter whether the company’s product incorporates peer-to-peer networking software or could other technologies that are capable of being used for copyright infringement also be a problem?

The Slingbox Personal Broadcaster

Post-Groksterin the U.S.• File-Sharers’ Hero• Changes in the

online music industry.

Single-mother in Oregon countersues RIAA under RICO