controversies shaped secondary liability
for securities enforcement and
(113) The Ninth Circuit affirmed the District Court's holding that Google was protected from secondary liability
by safe harbors due to its take-down notice procedures.
Although common-law principles often motivate the analysis of secondary liability
for intellectual property torts, (13) there are many important differences between general secondary civil liability and indirect patent infringement.
Further, the types of extended secondary liability
that parties are permitted to place on ISPs under ACTA could very well stifle innovation, preventing potentially job-creating businesses from ever getting off the ground or expanding for fear that some of their users might cause them to become the target of a rights holder's complaint.
Considering that controlling person liability under sections 15 of the 1933 Act and 20(a) of the 1934 Act remains one of the primary means of providing secondary liability
in private rights of securities actions, requiring plaintiffs to plead culpable participation is unduly burdensome.
by the interplay of secondary liability
theories and frequently conflate
2d at 1338-39 (relying on Aldana for its treatment of secondary liability
These cases call upon domestic courts to translate international norms into domestic civil litigation, which often means applying norms developed in international criminal law to domestic civil law and wrestling with questions of individual, corporate, and secondary liability
that are in some state of evolution and flux in customary international law.
313, 318-19 (1988) (describing secondary liability
in terms of duty).
If they pursued claims of secondary liability
(contributory infringement and inducement), Cablevision would have likely asserted the Betamax defense: that the device was capable of substantial noninfringing use, and, therefore, they were not liable for the copying of customers using the device.
" Payments Are Not Income to 197