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Legal Alert: The Supreme Court Addresses Inducement of Copyright Infringement Through Software in Anticipated Grokster Case

July 7, 2005

On June 27, 2005, in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the United States Supreme Court held that software companies may be held liable for copyright infringement if there is evidence showing an intent to encourage infringement through use of their software by third parties.  In delivering the unanimous decision of the Court, Justice Souter stated that "one who distributes a device with the object of promoting its use to infringe copyright, as shown by the clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties."

Please click here to view a pdf of the alert.

For more information, contact Patricia B. Cunningham (patricia.cunningham@sablaw.com / 404.853.8210) or David E. Weslow (david.weslow@sablaw.com / 202.383.0487).

This communication is intended to provide clients with information on recent legal developments, not to render legal advice.  To forward this to a colleague, please click here.

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