Cox Communications, Inc. v. Sony Music Entertainment · ¶35

A service is tailored to infringement if it is “not capable of `substantial' or `commercially significant' noninfringing uses.” Grokster, 545 U. S., at 942 (Ginsburg, J., concurring) (quoting Sony, 464 U. S., at 442). In Sony, copyright owners sued the maker and the retailers of the Betamax video tape recorder. Id., at 422. The tape recorder could be used to record copyrighted television programs for later personal viewing, which would not constitute infringement. Id., at 449. On the other hand, it could also be used to reproduce and sell copyrighted television programming, which would constitute infringement. Ibid. The lower court found the Betamax maker liable because the tape recorder was “not suitable for any substantial noninfringing use” and infringement “was either the most conspicuous use or the major use of the Betamax product.” Id., at 428 (internal quotation marks omitted).…

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