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Article
Rewinding Sony: An Inducement Theory of Secondary Liability
European Intellectual Property Review (2005)
  • Rebecca Giblin, Monash University
Abstract

Discusses the US Supreme Court ruling in Metro-Goldwyn-Mayer Studios Inc v Grokster Ltd, which preserved the technology protecting rule established by its earlier decision in Sony Corp of America v Universal City Studios Inc but failed to clarify its application to P2P technologies. Reviews the operation of the Sony rule on vicarious and contributory liability in copyright cases, its application in subsequent case law, the Grokster judgment's likely impact on the Sony principles and the remaining areas of uncertainty regarding the revised test to be met by P2P companies seeking to escape secondary liability for inducement of copyright infringement. Reflects on the likely effects of the Grokster ruling for future technologies.

Keywords
  • Grokster,
  • sony,
  • betamax,
  • secondary liability,
  • contributory liability,
  • vicarious liability,
  • secondary infringement,
  • contributory infringement,
  • vicarious infringement,
  • copyright,
  • p2p,
  • inducement
Disciplines
Publication Date
2005
Citation Information
Rebecca Giblin. "Rewinding Sony: An Inducement Theory of Secondary Liability" European Intellectual Property Review Vol. 27 Iss. 11 (2005)
Available at: http://works.bepress.com/giblin/4/