Internet Access Provider May Be Vicariously Liable for Subscribers’ BitTorrent Downloads

The venerable test for vicarious copyright infringement is when the defendant (1) had the right and ability to supervise the infringer’s acts, and (2) had a direct financial interest in those acts. For unknown reasons, in Grokster, the US Supreme Court rearticulated the test as “profiting from direct infringement while declining to exercise a right to stop or limit it.” Since then, courts have split about which test to use.

Source: Internet Access Provider May Be Vicariously Liable for Subscribers’ BitTorrent Downloads-Warner Bros. v. Charter – Technology & Marketing Law Blog

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