Kinds of Secondary Liability
There are generally two kinds of secondary liability developed by courts – vicarious liability and contributory liability. Although the line between these categories of liability is blurry, a precondition for all forms of secondary liability is the underlying act (or acts) of infringement.
Some academics have classified the active inducement adopted in MGM Studios, Inc. v. Grokster, Ltd. as a new type of secondary liability because it is based on express acts of inducement and not on a mere failure to act; furthermore, the specific intent to bring about infringing acts is another important factor in this analysis.
Read more about this topic: Secondary Liability
Famous quotes containing the words kinds of, kinds and/or secondary:
“There are two kinds of truth; the truth that lights the way and the truth that warms the heart. The first of these is science, and the second is art.... Without art science would be as useless as a pair of high forceps in the hands of a plumber. Without science art would become a crude mess of folklore and emotional quackery.”
—Raymond Chandler (1888–1959)
“There are two kinds of fathers in traditional households: the fathers of sons and the fathers of daughters. These two kinds of fathers sometimes co-exist in one and the same man. For instance, Daughter’s Father kisses his little girl goodnight, strokes her hair, hugs her warmly, then goes into the next room where he becomes Son’s Father, who says in a hearty voice, perhaps with a light punch on the boy’s shoulder: “Goodnight, Son, see ya in the morning.””
—Letty Cottin Pogrebin (20th century)
“Readers are less and less seen as mere non-writers, the subhuman “other” or flawed derivative of the author; the lack of a pen is no longer a shameful mark of secondary status but a positively enabling space, just as within every writer can be seen to lurk, as a repressed but contaminating antithesis, a reader.”
—Terry Eagleton (b. 1943)