[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has already withdrawn the complaint, therefore, I do not think the issue of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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