Intellectual Property Professional Information Center: PLI Panelists Critical of Trends... - 0 views
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In May, the U.S. Court of Appeals for the Ninth Circuit vacated a preliminary injunction barring Google Inc. from displaying thumbnail versions of photographs found on an adult-oriented Web site, reasoning that the Web site owner was unlikely to overcome Google's fair use defense. Perfect 10 Inc. v. Amazon.com Inc., 487 F.3d 701 (9th Cir. 2007).
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Jeffrey P. Cunard, of Debevoise & Plimpton, Washington, D.C., > termed secondary liability a “leaping mess,” which he > attributed to an effort on the part of the courts to erode the > Sony-Betamax > prescription for secondary liability, and not have > it apply in a digital era. > In Sony Corp. v. Universal Studios Inc., 464 U.S. 417 (1984), the U.S. Supreme Court held that if a technology is “capable of substantial noninfringing uses,” the manufacturer of that technology cannot be liable for the infringing acts of users.
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Metro-Goldwyn-Mayer Studios > Inc. v. Grokster Ltd. > , 125 S.Ct. 2764, 33 Med.L.Rptr. 1865 (2005) >
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