The direct copyright infringement theory of recovery has been used effectively against suppliers of peer-to-peer file sharing software that has been used to download DVDs from the Internet.

Question

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The direct copyright infringement theory has generally not been successful against suppliers of peer-to-peer file sharing software because they do not directly copy or distribute copyrighted material; users of the software do. Courts have often found that the software suppliers are not directly infringing copyright, focusing instead on secondary liability theories like contributory or vicarious infringement.

The Direct Copyright Infringement Theory of Recovery Has Been Used