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15 Cards in this Set

  • Front
  • Back
What is contributory infringement? (That is, what must be present to have contributory infrigement?)
-direct infringement by the primary infringer (someone was really infringing)
-knowledge of the infrigement (knows that it is infringement)
-material contribution to the infringement (is the machine contributing to the infringement?)
When it comes to contributory infringement with SONY, how did SONY defend itself when it comes to knowledge of the infringement?
if the machine is capable of extensive non-infringement capabilities (like VCR and photocopy machines) then the company essentially does not have knowledge of infringement
How can flea markets be guilty of contributory infringement when it comes to a material contribution to the infringement?
if a flea market sells something that is bootleg, it is guilty of contrib. infringement because it provided the facilities, boothes, and parking lots for customers to buy
Why isnt' there a material contribution to infringement in the sony example?
There is no evidence Sony will know what people will do with VCR and they didn't help people in infringing because most of what you do with a VCR is legal
Sony didn't call tapers infringers, they called them ________.
time shifters
How does Sony pull fair use as a defense to their alleged infringement?
In calling the tapers time shifters, sony reminded the courts that time-shifting is just fair use to watch a program that works with their schedule
What is an example of peer-to-peer fiel swapping?
Is this contributory infringement? Why or why not?
It is contributory infringement because Napster was like a central file library and thus a contributor to infringement
What organization goes after infringers?
How was Dr. Dre hypocritical?
He agressively sued infringers of his music, but then he illegally used the THX soundright in one of his songs
How were Grokster, Kazaa, and Streamcast different from Napster?
These companies just set up a program for people to share files, or send "shout outs," but there was no central the companies couldn't be sued directly, and the musicians would have to go after individual infringers.
Were Grokster and Co. found guilty of contrib infrigement? Why?
NO. But they were guilty of the tort law of inducement to cause infringement. They couldn't be found guilty of contrib infringement without overturning the SONY case. They probably wouldn't have been had they not sent out advertisements about sharing music and getting illegal music free.
Why would it be a bad idea to overturn the SONY case?
What does inducement mean?
Overturning Sony would handcuff new technologies
-inducement means bating and encouraging
What are the driving forces of the Digital Millenium Copyright Act (1998)?
What does this act somewhat seem to violate?
-Hollywood wanted to make it illegal to provide tools of infringement
-they began encoding DVDs
-the Anti-Circumvention Provisions were laws that that made it illegal to copy these encripted DVDs and such (so the tools of copying are illegal, but if you do it, fine)
-somewhat seems to violate fair use
What are the DMCA's Anti-Circumvention Provisions?
-can't defeat a technological measure to gain unlawful access to a work (not merely a copy)
-you can't help others defeat technology to gain unlawful access
-you can't market, sell, or otherwise provide technology that would defeat a technological measure designed to affect the rights of the copyright owner (*so you can do it in your own home, but you can't distribute that assistance.)
-so it's legal to show, but you need a key to show it. But you can't have a key.
How is there uncertainty created by DMCA?
-will fair use survive? What Hollywood wants is a digital world where you can't ever own a copy of anything. But for a dime, you can view something. The tools of saving it will be illegal under DMCA.