“In order for a defendant to be found liable for contributory copyright infringement there must first be evidence of direct infringement carried out by others. In other words, to proceed against Gawker, Tarantino’s lawyers needed to show that visitors to Gawker’s site who read the article in question actually clicked the links to AnonFiles or Scribd and went on to commit direct infringement on the script. “However, nowhere in these paragraphs or anywhere else in the Complaint does Plaintiff allege a single act of direct infringement committed by any member of the general public that would support Plaintiff’s claim for contributory infringement. Instead, Plaintiff merely speculates that some direct infringement must have taken place,” wrote U.S. District Judge John F. Walter in his ruling.”
Some interesting opinions here on indirect copyright infringement. As well as on the use of embedded frames.
““With the purchase of series, we look at what does well on piracy sites,” Merryman told Tweakers. One of the shows that Netflix acquired the rights to in the Netherlands is Prison Break, since it is heavily pirated locally. “Prison Break is exceptionally popular on piracy sites,” Merryman says.”
If this works, (which it looks like it does) then one of the main arguments of “pirates” (the availability one) seems like it holds up to real world testing. If your stuff is being pirated, find more ways of getting it out there in a for-pay format maybe?
Libraries should be in a position to help with this, but we’re not though.
“Piracy’s preserving effect, while little known, is actually nothing new. Through the centuries, the tablets, scrolls, and books that people copied most often and distributed most widely survived to the present. Libraries everywhere would be devoid of Homer, Beowulf, and even The Bible without unauthorized duplication.”