Vault Corp. V. Quaid Software Ltd. - Contributory Infringement Claim

Contributory Infringement Claim

Sony Corp. of America v. Universal City Studios, Inc. established the "substantial non-infringing use" test for contributory infringement. Quaid argued that RAMKEY passes this test because it can be used to create archival copies that are exempt under 17 U.S.C. §117(2). Vault argued that RAMKEY did not have any non-infringing use because one could create a sufficient archival copy without the use of RAMKEY. Vault asserted that the archival copy exemption of 17 U.S.C. §117(2) was designed to protect only against "destruction or damage by mechanical or electrical failure," but not against (for example) loss or destruction of a disk. The court declined to construe the archival exemption in this manner, saying that even though it had appeal, it was not the law and that only the Congress could decide to limit the exemption in that way.