Currently, a website operator is liable for everything that appears on its site.
The court held that since the underhanded swap meet owners had the right and ability to control their vendor's acts, and since the operators were receiving a direct financial benefit from the infringement, the operators were liable for vicarious infringement.
Money has long argued that if the mobile phone operators were made liable for all losses above a fixed amount they would soon introduce systems that would detect, and halt, round-the-clock calls to premium rate lines in eastern Europe or other parts of the world.
The slightly ominous information sheet at the check-in counter advises that first-aid supplies are available on-site, but that the operators are not liable "for any hospital bills".
"If internet service providers and website operators were held liable for what their users posted, they wouldn't allow users to post things or would take them down whenever there's threatened litigation," he said, suggesting that the law enables greater exchange of ideas and communications online.
In response to dozens of lawsuits, Formation and affiliates of Warburg Pincus had successfully argued in court that they were not nursing home operators, and thus not liable for deficiencies in care.
The majority, however, hold the owner or the operator of the aircraft absolutely liable for any damage caused.
Operators of Internet hot spots may be liable for civil damages as well as potential criminal liability in cases where the service providers prohibit redistribution of the Internet connection.
Increasingly, Web site operators post privacy policies and thereby make themselves liable for following them.
Mr. Cohen said that cable operators, unlike newspaper or television stations, can't be held liable for defamation.
