Cox Communications, Inc. v. Sony Music Entertainment · ¶60

The Court reinforced this point in Grokster. In that case, the Ninth Circuit attempted to limit contributory liability to the circumstances Sony confronted. This Court reversed, explaining that Sony neither “displace[d] other theories of secondary liability” nor “foreclose[d] rules of fault-based liability derived from the common law.” 545 U. S., at 934–935. Instead, all Sony did was “limi[t] imputing culpable intent as a matter of law from the characteristics or uses of a distributed product.” 545 U. S., at 934. “[N]othing in Sony,” the Court said, “requires courts to ignore evidence of intent if there is such evidence.” Ibid.

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