imposed because a related defendant has somehow acted in concert with the direct infringer or exercised some control over his infringing conduct, as when an employer may instruct an employee or corporate officers.8)_and_footnotes(n127);.vk n127 Contributory liability may arise in distinct cases: on the one hand, the contribution of machinery, other devices, or goods that provide the means to infringe; on the other, personal conduct that furthers, for example, by inducing, or knowingly forms part of infringement. Both vicarious and contributory liability may arise in the same case.8)_and_footnotes(n128);.vk n128
In the Sony case, the Supreme Court declined to consider the manufacturer of tape recorders contributorily liable for any infringement on the grounds that the devices had alternative and legitimate uses quite aside from possibly infringing uses.8)_and_footnotes(n129);.vk n129 In the Grokster case, the Supreme Court held a file-sharing service contributorily liable for inducing its users to infringe copyright, stating that ''one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.''8)_and_footnotes(n130);.vk n130 The Court made clear that this criterion supplemented that elaborated in its prior decision, explaining that ''nothing in Sony requires courts to ignore evidence of intent if there is such evidence, and the case was never meant to foreclose rules of fault-based liability derived from the common law.''8)_and_footnotes(n131);.vk n131
imposed because a related defendant has somehow acted in concert with the direct infringer or exercised some control over his infringing conduct, as when an employer may instruct an employee or corporate officers.8)_and_footnotes(n127);.vk n127 Contributory liability may arise in distinct cases: on the one hand, the contribution of machinery, other devices, or goods that provide the means to infringe; on the other, personal conduct that furthers, for example, by inducing, or knowingly forms part of infringement. Both vicarious and contributory liability may arise in the same case.8)_and_footnotes(n128);.vk n128
In the Sony case, the Supreme Court declined to consider the manufacturer of tape recorders contributorily liable for any infringement on the grounds that the devices had alternative and legitimate uses quite aside from possibly infringing uses.8)_and_footnotes(n129);.vk n129 In the Grokster case, the Supreme Court held a file-sharing service contributorily liable for inducing its users to infringe copyright, stating that ''one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.''8)_and_footnotes(n130);.vk n130 The Court made clear that this criterion supplemented that elaborated in its prior decision, explaining that ''nothing in Sony requires courts to ignore evidence of intent if there is such evidence, and the case was never meant to foreclose rules of fault-based liability derived from the common law.''8)_and_footnotes(n131);.vk n131
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