Patent insurance can fall into two categories: patent infringement insurance and patent enforcement insurance.
When Congress enacted §271, it separated the contributory infringement concept into two categories: induced infringement, covered by §271(b), and sale of a component of a patented invention, covered by §271(c).
The number of infringement cases in these categories: audiovisual (videos and films); audio (sound recordings); literary works (books and musical compositions); computer programs; video games; and, others.
Even the slightest past infringement leads to the highest category of penalty.
This is a big deal for two reasons: first, a large percentage of extant works fall into this category; and second, copyright infringement carries "strict liability", which means that there are no limits to the damages that might be awarded for infringement, even if it was done inadvertently.
The script for "The Shape of Water" is up for an Oscar in the original screenplay category, but a copyright infringement lawsuit alleges originality isn't one of the film's strengths.
This is done first by proving that the infringement falls within one of the three categories, which are liberally interpreted by the courts.
This category represents the shady side of infringement.
The new first sentence, which plainly was not intended to apply to infringements, would apply only to sections in the latter category — those relating to an owner's eligibility to register its mark and enjoy the Act's protection.
Pinterest knows that its service can be used for copyright infringement, so it is clear that they fall in the category of "facilitating copyright infringement".
