545 U.S. 913 (2005) (Supreme Court of the United States)
Metro-Goldwyn-Mayer Studios Inc. v.
Can a distributor of a technology be held secondarily liable for copyright infringement when the product is capable of substantial noninfringing uses, if there is evidence the distributor intended to induce users to infringe?
A party 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. The Sony (Betamax) doctrine—shielding distributors of products capable of substantial noninfringing uses from secondary liability—does not apply where there is evidence of purposeful, culpable inducement. Mere knowledge of infringing uses or failure to adopt filtering, standing alone, is insufficient; the touchstone is intent to promote infringement evidenced by words, actions, or other indicia.
Yes. The Supreme Court unanimously held that evidence of intent to induce infringement, if proven, can establish secondary liability notwithstanding the product's lawful potential. It reversed the grant of summary judgment for Grokster and StreamCast and remanded for further proceedings under the inducement standard.
Grokster crystallizes the inducement doctrine in copyright law: distributors can be secondarily liable when they intend to foster infringement, even if their tools have lawful uses. The decision preserves the Sony safe harbor for dual-use technologies while warning that marketing, messaging, and design choices can convert a neutral tool into a vehicle for liability. For law students, Grokster is essential to understanding secondary liability (inducement vs. contributory and vicarious infringement), the evidentiary markers of intent, and the policy balance between protecting intellectual property and encouraging innovation. The case has guided subsequent actions against P2P services and informs compliance strategies for modern platforms and startups.