[free-sklyarov] Sec. 1201(c)-What the heck?

Igor Motsnyi igormotsnyi at hotmail.com
Fri Nov 9 13:17:25 PST 2001


Sec 1201(c) attempts to reconcile Anti-circumvention provisions with 
traditional principles of copyright (fair use, contributory, vicarious 
liability) and 1201(c)(4) does not affect the free speech. As to the 
contributory liability standard it has been formulated in Gershwin 
Publishing Corp. v. Columbia Artists Management, Inc., 443 F.2d 1159, 1162 
(2d Cir. 1971)-"One who, with knowledge of the infringing activity, induces, 
causes or materially contributes to the infringing conduct of another, may 
be held liable as a 'contributory infringer.'"
However, Dmitry is not sued for copyright infringement at this moment (and 
it is very unlikely that Adobe will change its mind once again given that it 
has already withdrawn the complaint, therefore, I do not think the issue of 
contributory liability is going to arise in the near future for one can 
speak about contrib. infringement only in the case of copyright violation).


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