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But not all copying results in copyright infringement, even if the plaintiff has a valid copyright.
In the civil context there is "strict liability" for infringement, even where the infringement was "innocent". United States v. Bily, 406 F.Supp.
In Sega, we recognized that intermediate copying could constitute copyright infringement even when the end product did not itself contain copyrighted material.
Unless what you do falls within one of these categories of prohibited conduct, it's not an infringement — even if it amounts to a "commercialization" of the work.
However, according to the plaintiffs in the cases against Google, the act of copying the complete text amounts to an infringement, even if only portions are made available to users.
This discussion of course prompts the question: at what point do the similarities between two photographs become sufficiently general that there will be no infringement even though actual copying has occurred?
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In MGM v. Grokster, by contrast, the Court held that Grokster could be held liable for its users' infringements, even though the P2P software Grokster distributed could be used for non-infringing purposes.
Weiskopf is right that if you ask photographers, in general they approve of going after copyright infringements even if Corbis's methods make people angry.
Reading his opinion from the bench, Judge Wolf held that Plaintiff Aguiar had not shown that he was likely to succeed on his copyright infringement claim, even assuming he could prove ownership of the allegedly infringed works, because Webb has demonstrated a likelihood of success on his fair use defense.
But infringement of even one patent is enough to keep TKT and Aventis from selling their product.
Breaking cases apart in that way can sometimes enable litigants to obtain a ruling on an infringement suit even before a court has determined whether a patent is valid.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com