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jetrinktoday at 6:02 PM2 repliesview on HN

Hilariously (and appropriately), the decision cites Sony Corp. of America v. Universal City Studios, Inc., also known as the "Betamax case."

> (a) “The Copyright Act does not expressly render anyone liable for infringement committed by another.” Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, 434.

> In Sony, copyright owners sued the maker and the retailers of the Betamax video tape recorder. Id., at 422. The tape recorder could be used to record copyrighted television programs for later personal viewing, which would not constitute infringement. Id., at 449. On the other hand, it could also be used to reproduce and sell copyrighted television programming, which would constitute infringement. Ibid. The lower court found the Betamax maker liable because the tape recorder was “not suitable for any substantial noninfringing use” and infringement “was either the most conspicuous use or the major use of the Betamax product.” Id., at 428 (internal quotation marks omitted). This Court reversed, concluding that “[t]he Betamax is . . . capable of substantial noninfringing uses”—like personal use—so “sale of such equipment to the general public does not constitute contributory infringement.” Id., at 456.


Replies

frenchtoast8today at 6:43 PM

> The lower court found the Betamax maker liable because the tape recorder was “not suitable for any substantial noninfringing use” and infringement “was either the most conspicuous use or the major use of the Betamax product.”

I don't know anyone who sold television recordings, it was always for personal use. How could the lower court get this so wrong? Was this just one uninformed judge? Or was this actually less certain at the time?

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purpleflame1257today at 6:28 PM

They were right. I never sold a taped VCR, but my parents used it to time shift Saturday morning cartoons every week.

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