Topic: one who distributes a device with the object of promoting i… · Go Syfert
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Topic #11524

6 canonical passages across 5 cases, quoted by 33 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd..

#Case FlagCanonical passage Citers
1 Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. Anchor
scotus · 2005
green “one 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.” 14
2 Ellison v. Robertson
ca9 · 2004
green “the essential aspect of the 'direct financial benefit' inquiry is whether there is a causal relationship between the infringing activity and any financial benefit a defendant reaps, regardless of how substantial the benefit is in proportion to a defendant's overall profits.” 6
3 McCloskey v. Mueller
ca1 · 2006
green “may affirm an order of dismissal on any basis made apparent by the record.” 4
4 Irving Berlin v. E. C. Publications, Inc.
ca2 · 1964
green “application of the maine anti-dilution statute to defendant's noncommercial parody cannot withstand constitutional scrutiny” 3
5 Irving Berlin v. E. C. Publications, Inc.
ca2 · 1964
green “if the anti-dilution statute were construed as permitting a trademark owner to enjoin the use of his mark in a noncommercial context found to be negative or offensive, then a corporation could shield itself from criticism by forbidding the use of its name in commentaries critica…” 3
6 Robert G. Hayduk v. Vincent T. Lanna
ca1 · 1985
green “although state law governs the burden of proving fraud at trial, the procedure for pleading fraud in federal courts in all diversity suits is governed by the special pleading requirements of federal rule of civil procedure 9(b).” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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