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There are different forms of secondary liability for copyright infringement: https://matthewminer.name/law/outlines/3L/1st+Semester/LAW+661-001+%E2%80%93+Intell

There are different forms of secondary liability for copyright infringement: https://matthewminer.name/law/outlines/3L/1st+Semester/LAW+661-001+%E2%80%93+Intellectual+Property/Secondary+Liability https://matthewminer.name/law/outlines/3L/1st+Semester/LAW+6... Particularly, inducement liability could be a real issue here. In MGM v. Grokster, the Supreme Court unanimously said, "[O]ne who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties."

pbhjpbhj 4y ago
I've often wondered if I could get Apple computers sued by ripping CDs with iTunes and sharing the results (ripping is copy infringement in the UK, the media companies had the government remove format-shifting rights and we don't have Fair Use [our Fair Dealing is very conservative]).
- jraph 4y ago
  No, because you can rip CDs containing stuff under some creative commons license or some other license that permits copying. You probably can't sue a knife maker because you killed someone with one of their knives. My knives usually cut vegetables and tofu, which is allowed as far as I know.
  - pbhjpbhj 4y ago
    It gets complicated, you can obviously use any 'hacking' tool for red team operations, but tools that are published and were designed for such hacking (cracking, intrusion) still appear to be subject to legal control (in Europe; I guess like how encryption tools that are subject to defence controls in USA can obviously be used for non-nefarious purposes but it's still illegal to export them [or was in the past---browsers used to hobble the encryption built it---I think still is?]). Similar here, but worse than the knife/tool analogy: when you rip a copyright CD the system gathers all the data on the CD to present in the interface but doesn't warn you about the copyright; it is designed to rip commercial, copyrighted music.

pbhjpbhj 4y ago

I've often wondered if I could get Apple computers sued by ripping CDs with iTunes and sharing the results (ripping is copy infringement in the UK, the media companies had the government remove format-shifting rights and we don't have Fair Use [our Fair Dealing is very conservative]).

jraph 4y ago
No, because you can rip CDs containing stuff under some creative commons license or some other license that permits copying. You probably can't sue a knife maker because you killed someone with one of their knives. My knives usually cut vegetables and tofu, which is allowed as far as I know.
- pbhjpbhj 4y ago
  It gets complicated, you can obviously use any 'hacking' tool for red team operations, but tools that are published and were designed for such hacking (cracking, intrusion) still appear to be subject to legal control (in Europe; I guess like how encryption tools that are subject to defence controls in USA can obviously be used for non-nefarious purposes but it's still illegal to export them [or was in the past---browsers used to hobble the encryption built it---I think still is?]). Similar here, but worse than the knife/tool analogy: when you rip a copyright CD the system gathers all the data on the CD to present in the interface but doesn't warn you about the copyright; it is designed to rip commercial, copyrighted music.