Concurring opinions in the Grokster decisions viewed this pair of precedents somewhat differently. On the one hand, Justice Breyer interpreted Sony as establishing a ''clear'' rule that ''the law will not impose copyright liability upon the distributors of dual-use technologies ... unless the product in question will be used almost exclusively to infringe copyrights.''8)_and_footnotes(n132);.vk n132 On the other, Justice Ginsburg stressed that the file-sharing service at issue in the Grokster case could be found liable for indirect infringement, not only under the ''inducement theory,'' but also because the evidence was insufficient ''to demonstrate, beyond genuine debate, a reasonable prospect that substantial or commercially significant noninfringing uses were likely to develop over time.''8)_and_footnotes(n133);.vk n133
Applied to the on-line world, the key question then becomes: Does a product or service provider actively or knowingly facilitate or induce infringement, for example, the uploading of infringing materials?8)_and_footnotes(n134);.vk n134 Generally speaking, to avoid indirect liability for infringing material it carries, an online-service provider must neither exercise control over such material nor have a direct financial interest relative to the infringement, and it must not be on actual or constructive notice of the infringing material.8)_and_footnotes(n135);.vk n135 Courts have begun to clarify criteria for when to impute indirect liability to a party who, without the copyright owner's consent, prompts indirect access to protected materials, notably by hyperlinking to the materials posted on a website.8)_and_footnotes(n136);.vk n136