Cox Communications, Inc. v. Sony Music Entertainment · ¶14

The provider of a service is contributorily liable for a user's infringement if it intended its service to be used for infringement. To establish that a provider intended its service to be used for infringement, a copyright owner must show one of two things. First, it can show that a party affrmatively “induc[ed]” the infringement. Ibid. Or, second, it can show that the party sold a service tailored to infringement. Id., at 942 (Ginsburg, J., concurring). Patent law, with which copyright law has a “historic kinship,” Sony Corp. of America v. Universal City Studios, Inc., 464 U. S. 417, 439 (1984), tracks these two requirements. See 35 U. S. C. §§ 271(b), (c).

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