Jason Friedman developed software that allows his fellow students to use the university server for purposes of downloading movies, songs, etc. (all copyrighted), without being detected by the university, which monitors its users for purposes of avoiding vicarious copyright infringement charges and suits. Jason does not sell the software to his fellow students; he simply distributes it to them when they ask. Applying the decisions from the Grokster and Viacom decisions, which of the following statements is correct?

Question

Quizplus · Accepted Answer

The Grokster and Viacom decisions have established that the distribution of software that facilitates copyright infringement can result in liability for that infringement, even if the distributor does not directly engage in the infringing activity and does not profit from the infringement. Therefore, Jason could be liable for vicarious copyright infringement for distributing software that allows his fellow students to download copyrighted materials without being detected by the university. The fact that the software is not copyrighted and does not directly enable downloading is not relevant to determining liability in this case.

Jason Friedman Developed Software That Allows His Fellow Students to Use