Monday, June 05, 2006
It's a 'Flea World' After All: Should the Grokster Inducement Test for Secondary Copyright Infringement Liability Be Limited to Technological Cases?: "The Flea World decision does not directly state that Grokster is only available in cases involving technologies for copying. However, by the manner in which it distinguishes Grokster from the 'ongoing,' non-technological business of a swap meet, the Flea World opinion strongly implies that Grokster should be limited to such technological cases."
Related question: whither the inducee? See Clive Thompson in Wired, quoting Eric Garland, CEO of market research firm BigChampagne: "Frankly, given how easy it is to avoid detection, it's kind of amazing anyone still gets caught. 'At this point, it really seems to be gross negligence on the part of the filesharer.'"
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