Create an Account
username: password:
 
  MemeStreams Logo

Separating the Sony Sheep From the Grokster Goats: Reckoning the Future Business Plans of Copyright-Dependent Technology Entrepreneurs

search

possibly noteworthy
Picture of possibly noteworthy
My Blog
My Profile
My Audience
My Sources
Send Me a Message

sponsored links

possibly noteworthy's topics
Arts
Business
Games
Health and Wellness
Home and Garden
Miscellaneous
  Humor
Current Events
  War on Terrorism
Recreation
Local Information
  Food
Science
Society
  International Relations
  Politics and Law
   Intellectual Property
  Military
Sports
Technology
  Military Technology
  High Tech Developments

support us

Get MemeStreams Stuff!


 
Separating the Sony Sheep From the Grokster Goats: Reckoning the Future Business Plans of Copyright-Dependent Technology Entrepreneurs
Topic: Technology 7:03 am EST, Feb 27, 2008

U.S. and many other national copyright systems have by statute or caselaw (or both) established rules engaging or excusing liability for facilitating (or, in commonwealth countries, “authorizing”) copyright infringement. Taken as a group, they share a goal of insulating the innovator whose technology happens, but was not intended, to enable its adopters to make unlawful copies or communications of protected works. The more infringement becomes integrated into the innovator’s business plan, however, the less likely the entrepreneur is to persuade a court of the neutrality of its venture. The US Supreme Court’s 2005 decision in MGM v Grokster, established that businesses built from the start on inducing infringement will be held liable; judges will frown on drawing one’s start-up capital from other people’s copyrights. Thus, the inferences entrepreneurs may draw from the Court’s elucidation of the elements of inducement may advise pro-active measures to prevent infringement from becoming a business asset. As a result, even businesses not initially built on infringement, but in which infringement comes to play an increasingly profitable part, may find themselves liable unless they take good faith measures to forestall infringements.

This article addresses the evolution of the U.S.’s judge-made rules of secondary liability for copyright infringement, and the possible emergence of an obligation of good faith efforts to avoid infringement. The recent announcements of inter-industry “Principles for User Generated Content Services” and of complementary “Fair Use Principles for User-Generated Video Content” suggest that proactive avoidance measures may become a matter of “best practice.” The article then turns to the statutory regime of safe harbors established for certain Internet service providers and considers whether the statute insulates entrepreneurs who would have been held derivatively liable under common law norms. Finally, the article compares the U.S. developments with recent French decisions holding the operators of “user-generated content” and “social networking” websites liable for their customers’ unauthorized posting of copyrighted works.

Separating the Sony Sheep From the Grokster Goats: Reckoning the Future Business Plans of Copyright-Dependent Technology Entrepreneurs



 
 
Powered By Industrial Memetics
RSS2.0