© Assessing infringement
The ruling in MAI Systems v. Peak Computer, Inc. opened the possibility that even temporary copies stored on a computer's RAM may constitute a "copy" under copyright law. Moreover, the rulings in Religious Technology Center v. Netcom On-Line Communication Services and Fonovisa, Inc. v. Cherry Auction demonstrate that ISPs and bulletin board services can be found liable for contributory infringement if they have knowledge of infringing activity on their services.
With limited case law on the topic, standards of assessment are unclear.
Implied license as a defense has its merits, but if the conditions of the license are unclear, how far does it extend? And even if temporary copies are no longer considered non-infringing, how long can those copies exist before they are considered temporary? How courts interpret copyright rights in relation to fair use and implied license defenses, and how different countries interpret these issues in cross-border disputes remains to be seen.
