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The role of intermediaries and secondary liability for infringement.
The purpose of the amendment was to broaden liability for infringement.
But it also ruled that merely purchasing such a keyword cannot, on its own, give rise to liability for infringement.
In that case, smartphone case manufacturer might sue Thingiverse for second liability for infringement of their design patent.
In the civil context there is "strict liability" for infringement, even where the infringement was "innocent". United States v. Bily, 406 F.Supp.
Furthermore, an individual clearly would not incur liability for infringement merely by displaying a foreign-made poster or other artwork in her home.
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4. The Commission should ensure that its forthcoming electronic commerce directive clarifies the situation of on-line service providers as regards their liability for infringements taking place in the network, including liability for breach of copyright.
See 4 McCarthy § 25:17 ("By definition, there can be no liability for contributory infringement unless there is direct infringement".); cf. La Resolana Architects, PA v. Reno, Inc., 555 F.3d 1171, 1181 (10th Cir. 2009) ("[B]oth contributory and vicarious infringements require someone to have directly infringed the copyright".).
Secondary liability for copyright infringement does not exist in the absence of direct infringement by a third party.
The Supreme Court held that there can be no liability for induced infringement of a method patent under 35 U.S.C. § 271(b) unless direct infringement has occurred under § 271(a) or another statutory provision.
As discussed at the outset, Aereo's secondary liability for performance infringement is yet to be determined, as is its primary and secondary liability for reproduction infringement.
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CEO of Professional Science Editing for Scientists @ prosciediting.com