Secondary Liability in The Future?
Future treatment of secondary liability by US courts is uncertain. Some cases and commentators have argued for broadening secondary liability through cost-benefit analysis, multi-factor balancing tests, or simply basing it on technical designs or business models.
The proposed EU directive would make aiding and abetting infringement a basis for liability. In light of the above, it is permissible to conclude that there is no consensus on this issue.
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Famous quotes containing the word secondary:
“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)