Congressional Digest

Supreme Court Debates September 2005 No. 6 Vol. 8
Opinion of the Court

Internet File-Sharing

Balancing Copyright Protection and Innovation

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Opinion of the Court

File-Sharing Services Are Liable If They Induce Copyright Infringement

The question is under what circumstances the distributor of a product capable of both lawful and unlawful use is liable for acts of copyright infringement by third parties using the product. We hold that 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. Introduction MGM and many of the amici fault the court of appeals’ holding for upsetting a sound balance between the respective values of supporting creative pursuits through…

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