"Several cases suggest that Kazaa users commit direct infringement by employing the Kazaa program to make their collections of copyrighted sound recordings available to all other Kazaa users," wrote Judge Wake, citing three other cases as well as Howell's deposition in which he admitted ownership of the Kazaa account...
arstechnica.com/tech-policy/news/2007/08/judge-sides-wi... arstechnica.com/tech-policy/news/2007/08/judge-sides-with-riaa-file-sharing-apps-lead-to-direct-infringement.ars
The Legal Term * Infringement, Direct * Defined & Explained ... INFRINGEMENT, DIRECT - A patent owner may enforce the right to exclude others from making, using, or selling the patent invention in an action for patent infringement.
www.lectlaw.com/def/i042.htm
In order to be held as a direct infringer of a United States patent under 35 USC § 271(a), it is necessary during the life of the patent to have made, used, Under this test one can be liable for patent infringement even though one was unaware of the patent or that the acts one is carrying out are tortious.
www.ladas.com/Patents/Biotechnology/USPharmPatentLaw/US... www.ladas.com/Patents/Biotechnology/USPharmPatentLaw/USPhar27.html
Direct Infringement: Making, using or selling a patented invention in the jurisdiction within which the patent is enforceable, or importing a patented invention or a product made using a patented process, during the term of the patent.
www.consultwebs.com/legal_glossaries/patent_law_glossar... www.consultwebs.com/legal_glossaries/patent_law_glossary/patent_law_glossaryd.html
The various types of patent infringement are set forth in 35 United States Code (USC) Section 271. The patent statutes sets forth three types of literal infringement; direct infringement (35 USC 271(a)), inducing infringement (35 USC 271(b)), and contributory infringement (35 USC 271(c)). ... Without a direct infringement,
www.invention-protection.com/ip/publications/docs/Contr... www.invention-protection.com/ip/publications/docs/Contributory_Patent_Infringement.html
This was the necessary prerequisite to establish contributory or vicarious infringement in Napster. The defences of fair use and substantial non-infringing use were rejected by the Court. Napster had knowledge of its users’ infringing activity, had materially contributed to it and had a direct financial interest.
www.inter-lawyer.com/lex-e-scripta/articles/copyright-o... www.inter-lawyer.com/lex-e-scripta/articles/copyright-online-music.htm
The motion essentially argued that the plaintiff record companies had failed to make a case of direct infringement, which would mean they could not make a case for secondary liability.
importance.corante.com/archives/2005/06/02/judge_patel_... importance.corante.com/archives/2005/06/02/judge_patel_dismisses_one_direct_infringement_theory_but_napster_investment_case_continues.php
15 to file a brief that convinces him direct infringement at the site was committed by those in the U.S. Apparently, Wilson has questions about whether U.S. residents have pirated content using Isohunt.
news.cnet.com/8301-1023_3-10318942-93.html