Mark Bartholomew, Copyright, Trademark and Secondary Liability
After Grokster, 32 COLUM.
In the copyright arena, secondary liability
arises from judicial
Central Bank circumscribed a general understanding that secondary liability
concepts inhered in the securities laws.
Intent-Based Doctrines of Secondary Liability
in Copyright Law, 106
76) Because of the courts' inability to adequately and consistently apply the law, Congress, not the courts, should step in to remedy the flaws of secondary liability
in copyright infringement.
Fischel, Secondary Liability
Under Section l O(b) of the Securities Exchange Act of 1934, 69 CAL.
Post-Napster: Peer-to-Peer File Sharing Systems: Current and Future Issues on Secondary Liability
Under Copyright Laws in the United States and Japan, 22 Loy.
COMMON LAW DOCTRINES OF SECONDARY LIABILITY
AND THE DEFENSE OF SUBSTANTIAL NON-INFRINGING USE: MISAPPLIED IN GROKSTER?
, which encompasses vicarious and contributory liability, attaches when the responsible party is not the "actual" infringer.
Cyberlaw: Intellectual Property in the Digital Millennium explains how the common-law rules of secondary liability
for copyright infringement, as affected by the Supreme Court's Grokster decision, work in the context of the Internet, and how statutory overlays have complicated their operation.
The parties are currently involved in discovery disputes regarding many issues related to the secondary liability
portion of the case, including evidence similar to that which is being sought by the U.
It explains the Digital Millennium Copyright Act, its effect on primary and secondary liability
, the new classifications and terminology, the anti-circumvention and anti-trafficking rules, new limitations on internet service provider liability, and the continuing role of the federal common law.