Fair Use and Contributory Infringement

• Sony Corp. v. Universal City Studios, Inc.

  • 464 U.S. 417 (1984), 5-4 decision
  • Court: devices need only have a “significant non-infringing use” as a defense to contributory infringement claims

• The “White Paper” proposed overturning Sony

  • Make the contributory infringement test based on the “primary purpose or effect” of the device
  • Liable for how people use your technology

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