substantial non-infringing use
. Previously, the use of this rule for
Also, if there is a contributory infringement allegation, which requires one actor selling a component of the system, the defendants (and plaintiffs) also must focus on whether the component has "substantial non-infringing uses
." (239) If a component is sold or offered for sale that also has a substantial non-infringing use
, then there can be no contributory infringement by the company that sells it.
Mere sale of a machine or device which enables copying is insufficient evidence for a charge of contributory infringement where the product also has a substantial non-infringing use
. (72) To make a material contribution to the infringing activity of another, a defendant must encourage or assist in the infringement.
I do see the Commission in past cases having issued exclusion orders based on products that have no substantial non-infringing uses
. I see cases where the Commission has said...
According to the new Best Practices Guidelines for Ad Networks to Address Piracy and Counterfeiting, these companies will, "discourage or prevent, to the extent possible, websites that are principally dedicated to selling counterfeit goods or engaging in copyright piracy and have no substantial non-infringing uses
from participating in the Ad Network."
The court noted that courseweb and e-reserve systems have "substantial non-infringing uses
," presumably including fair use of copyrighted materials.
(17) The Ninth Circuit determined that the software was capable of substantial non-infringing uses
and found that liability under the Sony doctrine did not exist in this case.
Contributory infringement, according to the Court, is not found if the product is "capable of substantial non-infringing uses
." (36) The Court concluded that there is a sufficient record to support the district court's conclusion that "time-shifting is a fair use." (37) The majority concluded that Congress might take a fresh look at the then-new technology, but the Court was not going to apply laws not yet written, thus reversing the Ninth Circuit.
The court ruled that the manufacturer of a product having substantial non-infringing uses
(in this case, recording TV programs for viewing at a more convenient time) is not a contributory infringer merely because some uses of the product constitute copyright infringement.
The dissent summed up its concern by arguing that "only the most unimaginative manufacturer would be unable to demonstrate that an image duplicating product is `capable' of substantial non-infringing uses
." Sony, 464 U.S.
But seeing no sign that Congress had chosen to regulate it yet, and given the substantial non-infringing uses
of the Betamax machine, the Court concluded that Sony should not be held liable for contributory infringement.
of substantial non-infringing uses
." (154) The defendants argued