Contributory infringement

“ See id. at 929–30, 125 S.Ct. 2764 (“When a widely shared service or product is used to commit infringement, it may be impossible to enforce rights in the protected work effectively against all direct infringers, the only practical alternative being to go against the distributor of the copying device for secondary liability on a theory of contributory or vicarious infringement.”) ”

“ A library or its parent institution may be liable as a contributory infringer if it induces, causes, renders substantial assistance to, or materially contributes to the activity. [9] It doesn’t matter whether the infringer is an employee or someone who walked in off the street. Actual knowledge is not necessary; it is enough if the library should have known that an infringement was taking place. But this doesn’t mean that the library is on the hook if it merely provides patrons with an opportunity to infringe someone’s copyright. ”

“ The Constitution of the United States does not declare in terms that infringements of the rights thereby secured may be prevented by injunction. Ordinarily they may not be. It is only where a threatened infringement will produce injury and damage for which the law can afford no remedy such, for instance, as irreparable and continuing damage, or a multiplicity of suits-that resort may be had to equity; and when this does appear, the right to an injunction arises because that is the only appropriate relief. ”

“ The court shall also award such person the infringer's profits that are attributable to the infringement and are not taken into account in computing the award of actual damages. In establishing the infringer's profits, such person is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the mask work. ”

“ An infringement is not necessarily, indeed, coextensive with the right, but, so far as the infringement goes, the correspondence between it and the right is perfect. In the case of absolute rights, however, i.e., in all cases in which the infringement of the right is an affirmative tort, the correspondence is not between the right and its infringement, but between the latter and a prohibitory command issued by the State for the protection of the right. ”

“ At any time before final judgment is rendered, a person entitled to institute a civil action for infringement may elect, instead of actual damages and profits as provided by subsection (b) , an award of statutory damages for all infringements involved in the action, with respect to any one mask work for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in an amount not more than $250,000 as the court considers just. ”

“ Accordingly it has been repeatedly assumed that, in a proceeding for civil contempt for disobedience to an injunction granted in an infringement suit, the profits derived from the violation of the injunction are recoverable. ”

“ As acts are declared to be offences, and are made subject to punishment, solely for the protection of rights, it is evident, that all acts which enter into the penal code, are acts which infringe rights, either directly, or indirectly. Those which infringe them directly, are those by which injury is done to some individual or individuals; a blow, for example, an act of theft, and so on. We include also, under this division, all acts the effects of which produce an immediate infringement of rights; destroying a mound, for example, to inundate the lands of another man ”

“ If there is a final order in one action to take an account of profits in respect of the infringement, the Court may not make an order for the payment of damages or statutory damages for that infringement in the other action. ”

“ Infringement is a question of fact rather than of intent. It is not a valid defense that the infringer is ignorant; nor, on the other hand, can any one be held for intention to infringe, where the act of infringement [Pg 253] has not been accomplished. The new American code, nevertheless, recognizes knowledge and intent in certain cases of punishment or damages by the use of the words "willfully" and "knowingly." ”

“ This court declines to impose increased statutory damages for a willful violation. “An infringement is 'willful' if the infringer knows that its conduct is an infringement or if the infringer has acted in reckless disregard of the copyright owner's right.” ”

“ To burden the exercise of a constitutional right with conditions which materially impair its value, or which, practically, compel the abandonment of the right rather than to submit to the conditions, is, in law, an infringement of that right. ”

“ When the right affected is one assured by the Federal Constitution, any infringement can be dealt with under the Due Process Clause. But when a statute affects only matters not mentioned in the Federal Constitution and is not arbitrary or irrational, I must reiterate that I know of nothing which entitles this Court to pick out particular human activities, characterize them as 'fundamental,' and give them added protection under an unusually stringent equal protection test. ”

“ If the state thinks that an admitted evil cannot be prevented except by prohibiting a calling or transaction not in itself necessarily objectionable, the courts cannot interfere, unless, in looking at the substance of the matter, they can see that it 'is a clear, unmistakable infringement of rights secured by the fundamental law.' Booth v. ”

“ The court below proceeded upon the theory that the allegations of the bill in respect of infringement presented a substantial federal question. Certainly, the question is not plainly unsubstantial; and the jurisdiction of the federal court was rightly upheld. Disposal of the infringement, therefore, on the merits was proper; and the precise question for determination is whether the claim of unfair competition was properly dismissed for lack of jurisdiction, or, likewise, should have been considered and disposed of on the merits. ”

“ Remedies for Infringement. 216.1. Any person infringing a right protected under this law shall be liable: To an injunction restraining such infringement. The court may also order the defendant to desist from an infringement, among others, to prevent the entry into the channels of commerce of imported goods that involve an infringement, immediately after customs clearance of such goods. ”

“ On its face court enforcement of fines imposed on members for violation of membership obligations is no more conduct to 'restrain or coerce' satisfaction of such obligations than court enforcement of penalties imposed on citizens for violation of their obligations as citizens to pay income taxes, or court awards of damages against a contracting party for nonperformance of a contractual obligation voluntarily undertaken. ”

“ Not only must all persons have such a keen sense of their own rights as will never permit them to submit to infringement, but they must have such a keen sense of the rights of others that they will not be guilty themselves of infringement. Not only will they refrain from the commission of those acts of aggression whose ill effects are immediate and obvious ”

“ Why, too, should the fact that congress has created the right, limit the defenses to which the defendant would otherwise be entitled? Is it not more reasonable to presume that congress, in authorizing an action for infringement, intended to subject such action to the general laws of the state applicable to actions of a similar nature? In creating a new right, and providing a court for the enforcement of such right, must we not presume that congress intended that the remedy should be enforced in the manner risdiction? ”

“ In the case at bar, plaintiffs' case is still weaker than it was in those cited. For aught that appears, most of the members of the exchange, as well as its directors and managing officers, may be of opinion that they will be benefited by the enforcement of the act. Nothing is better settled than that an individual may acquiesce in or waive an admitted infringement of a constitutional right; and I am not aware of any rule of law which requires a corporation, upon request of a minority stockholder, to play the knight-errant and tilt at every statute affecting it which he believes to be invalid. ”

“ Success on the matter is low, while the risks of enforcement are high: a GLAM could be saddled with an unfavourable precedent in addition to an expensive bill. To be fair, any type of legal process, even mediation, is more than most GLAMs can afford despite whether the parties proceed to trial where the rule on a loser bearing costs would apply. But because these factors prevent access to or use of courts to settle the matter, GLAMs resort to using cease-and-desist notices of infringement. ”

“ Legislative reforms should provide for penalties for IPR infringement in order to deter such conduct, including deterrence against those who aid and abet those who manufacture and sell counterfeit goods. ”

“ Innocent infringement - Innocent Infringement is the infringement caused without knowledge or awareness of such act. - "USLegal".
The difference between a willful infringer and an innocent infringer is that while a willful infringer is liable for monetary damages, an innocent infringer can only be forced to stop using the mark. ”

“ The purpose of an award of counsel fees to a plaintiff is to deter copyright infringement. . . . In the case of a prevailing defendant, however, prevention of infringement is obviously not a factor; and if an award is to be made at all, it represents a penalty imposed upon the plaintiff for institution of a baseless, frivolous, or unreasonable suit, or one instituted in bad faith. ”

“ Second, Profits are not the primary or true criterion of damages for infringement in an action at law. That rule applies eminently and mainly to cases in equiry, and is based upon the idea that the infringer shall be converted into a trustee, as to those profits, for the owner of the patent which he infringes,-a principle which it is very difficult to apply in a trial before a jury, but quite appropriate on a reference to a master, who can examine defendant's books and papers, and examine him on oath, as well as all his clerks and employees. ”

“ If a Party provides administrative procedures for the determination of an infringement, it may also provide its authorities with the authority to impose administrative penalties or sanctions, which may include fines or the seizure of the infringing goods following a determination that the goods are infringing.
7. Each Party shall provide that its competent authorities have the authority to order the destruction of goods following a determination that the goods are infringing. ”

“ Right to demand elimination of the effects of an infringing act A person who has suffered an unlawful infringement of an individual right may, where the infringement continues due to the presence of an effect arising from the infringing act, demand the elimination of the effect of the infringing act unless such elimination is not practically feasible. ”

“ Power there is to take adequate measures when violation is clearly shown and adequate proof is made to sustain them. For proven violation, criminal penalty within the Eighth Amendment's limits as we would measure similar impositions placed by Congress, at the most; for damages proven and found, civil award commensurate with the finding; and for coercion, civil relief by way of imprisonment or 'fine,' but in either case contingent only, not final, giving opportunity for compurgation and for termination, on its being made, of further penalty for the future. ”

“ If the means employed have no real substantial relation to public objects which government may legally accomplish,-if they are arbitrary and unreasonable, beyond the necessities of the case,-the judiciary will disregard mere forms, and interfere for the protection of rights injuriously affected by such illegal action. ”

“ The constitutional prohibition was intended to protect every man's rights against that kind of legislation which seeks either to inflict a penalty without a trial or to inflict a new penalty for an old matter. ”

“ We there held that ' (t) he Fourteenth Amendment secures against state invasion the same privilege that the Fifth Amendment guarantees against federal infringement-the right of a person to remain silent unless he chooses to speak in the unfettered exercise of his own will, and to suffer no penalty * * * for such silence.' We therefore must now decide whether the withdrawal of the blood and admission in evidence of the analysis involved in this case violated petitioner's privilege. ”

“ The authorities which are cited on the part of the plaintiffs, holding that where a person makes one element of a patented combination, with the intent that other persons shall supply the other elements, and thus complete the combination, he is guilty of infringement, because he contributes to it, establish a doctrine applicable to the case of a naked infringer. ”

“ When the States were considering whether to ratify the Constitution, advocates for a separate bill of rights emphasized the need for an explicit prohibition on excessive fines mirroring the English prohibition. ”

“ Story included the prohibition on excessive fines as a right, along with the “right to bear arms” and others protected by the Bill of Rights, that “operates, as a qualification upon powers, actually granted by the people to the government”; without such a “restrict [ion] ,” the government’s “exercise or abuse” of its power could be “dangerous to the people.” ”

“ Where the Commission finds that there is an infringement of articles 4 and 9, it by decision requires the undertakings concerned and associations of undertakings to bring such infringement to an end. To ensure the prohibition of the infringement, the Commission may impose on undertakings and association of undertakings any obligations necessary, including remedies of a structural nature. On the basis of the principle of the proportionality, structural remedies can be envisaged when the measures to act in a specified way or not to act, are not efficient. ”