MPAA targets core BitTorrent, eDonkey users

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Not that simple

Contributory infringement isn't any possibility that someone could be infringing. It requires knowledge of the infringement. That is the element that will be practically impossible to prove.

This is contributory infringement: Joe rents a building to Bill. Bill sells unlicensed copies of video tapes. Joe knows Bill is doing this. Joe actually profits from Bill's actions in that Joe is collecting rent from Bill while allowing Bill to sell unlicensed video tapes (keep in mind this is not a required element but helps in determing damages if it is true).

Use similar scenario except Joe has no knowledge of Bill's unlawful activity. Bill is still using Joe's building. Bill is still paying Joe rent. Joe is still profiting from Bill's activities in that he is collecting rent. The difference is Joe has no idea that what Bill is doing is unlawful or Joe has no knowledge of any infringing. Practically the same scenario but this is not contributory infringement.

That is what is going to be difficult to prove. Since these files are not stored on Sharman's servers how could Sharman possibly know what files are being shared?

From your link:

...the court defined contributory infringement as inducing, causing, or materially contributing to the infringing conduct of a third party, "with knowledge of the infringing activity."

Note that knowledge is an essential element. Its not contributory infringement unless the other party is aware of it. Otherwise every VCR, DVD, CD and audio tape recorder vendor would be contributory infringers.

It is not so simple as just the fact some use the system for infringement. It requires much more than that.

Ask you law professor to explain it to you again.

Posted by: AmusedAtItAll   Posted on: 12/15/04 You are currently: a Guest | Members login | Terms of Use

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