The Grokster Inducement Test For Secondary Copyright Infringement Liability

Law360 (May 30, 2006, 12:00 AM EDT) -- In 2005, the Supreme Court threw itself into the copyright battles over peer-to-peer file-sharing technology when it rendered its landmark decision in Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 125 S.Ct. 2764 (2005). While the motion picture studios and record companies have also brought litigation directly against consumers who use peer-to-peer software to illegally download entertainment content, the Grokster case focused on holding the providers of P2P software secondarily liable for the massive online infringement committed by users. After all, it's far easier to stop the flood of piracy by closing the pipeline for illegally copying.

Historically, copyright jurisprudence has recognized two...

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