Tabberone is pronounced tab ber won
not tay ber own
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Tabberone is pronounced tab ber won |
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| This information is taken directly from the court opinion. It is not taken out of context nor is it altered. |
| From Matthew Bender & Co v West Publishing, 158 F.3d 693 (2nd Cir. 1998) |
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See Cable/Home Communication Corp. v. Networks Prods., Inc., 902 F.2d 829, 845 (11th Cir. 1990) ("Contributory infringement necessarily must
follow a finding of direct or primary infringement."); 2 Paul Goldstein, Copyright § 6.0 (1996) ("For a defendant to be held contributorily or vicariously liable,
a direct infringement must have occurred.").
[34] Assuming there is a class of primary infringers, then a party "who, with knowledge of the infringing activity, induces, causes, or materially contributes to the infringing conduct of another, may be held liable as a 'contributory' infringer." See Gershwin Publ'g Corp. v. Columbia Artists Management, Inc., 443 F.2d 1159, 1162 (2d Cir. 1971). Two types of activities that lead to contributory liability are: (i) personal conduct that encourages or assists the infringement; and (ii) provision of machinery or goods that facilitate the infringement. See ITSI T.V. Prods., Inc. v. California Auth. of Racing Fairs, 785 F. Supp. 854, 861 n. 13 (E.D. Cal. 1992). [35] However, as amicus United States notes, the provision of equipment does not amount to contributory infringement if the equipment is "capable of substantial noninfringing uses," including uses authorized under the fair use doctrine. See Sony Corp. of Amer. v. Universal City Studios, Inc., 464 U.S. 417, 442, 104 S.Ct. 774, 788-89 (1984). In determining whether liability is foreclosed by substantial noninfringing uses, the Supreme Court in Sony emphasized that the alleged contributory infringer did not influence or encourage unlawful copying with the equipment it provided. Id. at 438, 104 S.Ct. at 787; see also Cable/Home Communication Corp., 902 F.2d at 846. |
