Quote:
Originally Posted by TheSquealer
You asked question, i answered it as best as i understood. But you are missing the broader point. I believe that all you have to do is materially contribute to the infringement. I.e. display text links with the mark, banners with the mark, videos with the mark, text with the mark etc etc etc all to benefit both yourself and the direct infringer, where each of you have a direct financial interest in the infringement (i.e. you both benefit from the sales generated), which then creates a secondary liability on your part.
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I appreciate the discussion. There is a knowledge component to contributory infringement, and whether you promote the infringing aspect of the service matters on the contributor level. If I post a video from sitex on my tube site and sitex infringes on nothing, but is part of sponsorY which does infringe on something, my display of the sitex content doesn't contribute to the infringement directly. It's a very interesting line of potential liability, and I will speak with my lawyer about it on Monday. I dont think it is applied as broadly as you suggest it could be, but if I'm incorrect I'd much rather find out from my lawyer than a plaintiff's lawyer
Thanks.