Question
Please read the following excerpt from A&M Records, Inc. v. Napster closely. Then answer the question. As the foregoing discussion shows, the language of Section
Please read the following excerpt from
A&M Records, Inc. v. Napster
closely. Then answer the question.
As the foregoing discussion shows, the language of Section
1008 cannot be read to encompass the activities of Napster's
users. But even if Section 1008 did apply to Napster's users, it
would not provide Napster itself with a defense to liability for
contributory or vicarious infringement. That is because the
terms of Section 1008 address only whether consumers can be
sued for infringement; nothing in Section 1008 addresses or
changes whether they are engaged in infringement.
True or False: Existing sections of the law neither encompass the activities of
Napster's users nor address whether they are engaged in copyright
infringement, and therefore Napster cannot be show to be liable for
contributory infringement.
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