Device Makers and Copyright Infringement

Ever since the advent of the printing press, technology has affected the distribution and use of creative works. Because of this, technology has always had an impact on copyright law. New technologies usually increase the number of ways that users can exploit works and thereby decrease the control that the copyright owner has over every use of his work. In the music industry, these “new” technologies have included player pianos, broadcast radio, recordable cassette tapes, digital audiotapes, CD-Rs, and P2P file sharing technologies. With the emergence of each, content industry representatives like the RIAA have complained that these technologies are disruptive and would affect their revenue stream (who remembers “home taping is killing music?”). These groups have tried to stall the adoption of new technologies by suing device manufacturers, and service providers, as well as the individuals who use them. The theory under which device manufacturers have been sued for their customer’s infringement is called “secondary liability.”