On 5 Jul 2005 at 12:24, G.Waleed Kavalec wrote:

> Next time somebody kills their spouse with a hammer, the next of kin
> should sue Sears.

Only if Sears was "promoting" the illegal use of the hammer.



> On 7/5/05, j m g <[EMAIL PROTECTED]> wrote:
> > 
> > But what it also doesn't do is give clarity to allowing the suits in
> > the first place. They've opened the door to folks to let the courts
> > decide if there was any 'promotion of infringement' by the hardware
> > or software vendors.
> > 
> > My Subaru's tv ad had 0-60 times as 5.4 secs - are they promoting
> > reckless driving? Can they be sued for it?

I'm sure if you checked the fine print, they state somewhere that you must be 
within legal speed limits.


The bottom line of this ruling is they have to be "promoting" the illegal use 
of their product. Check the disclaimer that Grokster makes you agree to before 
commencing use.

Imagine a hotel that advertised that if you rented one of their rooms, it was 
perfectly OK with management if you used the room to traffic in illegal 
firearms. I imagine they would 
be subject to prosecution for aiding and abetting.


Vince

 

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