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Keep in mind

How do you read the decision in light of this--if someone openly induces, but is not profiting, are they just as liable, or does there need to be a profit motive behind it?

Bear in mind that the USSC is not a Finder of Fact and was not reviewing the case as one. What they were reviewing was whether the District Court had erred in rendering Summary Judgment in favor of the defendents, which requires that there be no disputed questions of material fact.

The factual issues raised by the Court were cited to show that the record did include material issues which would contradict a summary judgment for the defendents. They were not in themselves determinative.

The factual question before the Finders of Fact (when they are convened) will be whether the defendents are liable for inducing copyright infringement. Since intent is part of the question of liability, it's germane. Profiting is also germane. Neither is itself determinative.

For more on the subject, you should read up on the well-developed issues of secondary liability in patent law, which the Court cited in its decision as the guide for lower courts.

Posted by: Yagotta B. Kidding   Posted on: 07/15/05 You are currently: a Guest | Members login | Terms of Use

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