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by tzs 3694 days ago
> Nevertheless, there may be arguments for contributory and/or indirect copyright infringement in many jurisdictions

In the United States there are two kinds of indirect infringement: contributory infringement and vicarious infringement.

Contributory infringement can occur when you know that someone else is or will directly infringe, and you substantially aid that by inducing, causing, or materially aiding their direct infringement. That can include providing the tools and equipment they use to infringe.

Vicarious infringement can occur when someone who is a direct infringer is your agent or under your control.

A very important aspect of both of these types of indirect infringement is that they make you liable for the direct infringement of someone else. If there is no someone else who is a direct infringer, then you cannot possibly be a contributory or vicarious infringer.

1 comments

In Sweden, the Pirate Bay tried and failed using a similar argument. The court instead found a law that targeted biker bars, where a law had been created to make it easier to shut down such facilities and prosecute its owners under contributory crimes. The prosecutor only need to convince the court that the average use is primary of a criminal nature, which in the Pirate Bay case consisted of a screenshot of the top 100 list. There didn't need to be someone that was found guilty of an actual infringement.