June 5, 2003
Beating a Dead Horse, Part 21
So, EMI is suing Bertelsmann for funding Napster. Hurray. I was looking over the contributory and vicarious infringement suit against Hummer Winblad. I’m not sure if the Bertelsmann suit is only one type of infringement – I’m not sure why it would be. It seems like its going to be vicarious infringement since it has to do primarily with deriving a financial benefit. But, if you need the right and ability to control part to cement that infringement claim, you might as well go after a material contribution claim.
Filed by Derek Slater at 2:59 pm under Big Ideas
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