Bundle of Sticks

December 12, 2005

Nimmer on Grokster

Filed under: Uncategorized, Copyright

Professor Nimmer (the author of the widely used copyright law textbook) wrote on the effect of Grokster case.  If you are a serious reader and not a casual gossiper, I recommend this article.  It deepened my understanding of Grokster.

See the article at Nimmer’s blog.

The key idea of Grokster is to introduce the “inducement liability.”  It is not a whole new concept.  We had contributory liability and vicarious liability which may be used to stop Grokster.  (see Nimmer’s article for the definition of these liabilities)   Inducement liability is a little bit broader than the previous two liabilities.  

Like Nimmer said, some acts that weren’t previously infringing may be found infringing after Grokster.  Intent is usually a matter of fact.  More fact digging after Grokster, fellas.

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