Impact on Peer-to-Peer Cases: Vicarious Liability Claims May Have Their Limits

Vicarious liability is applicable in most areas of tort law. As the U.S. Supreme Court stated in an opinion early last year, "traditional vicarious liability rules ordinarily make principals or employers vicariously liable for acts of their agents or employees in the scope of their authority or employment." Meyer v. Holley, 537 U.S. 280, 283 (2003). <br>In the area of copyright law, however, courts have developed an expanded form of vicarious liability that has been applied without regard for traditional limits on vicarious liability.<br>The question remains, however, whether this expanded application of vicarious liability comports with Supreme Court precedent.

17 minute read July 01, 2004 at 09:41 AM
By
Will Montague
Impact on Peer-to-Peer Cases: Vicarious Liability Claims May Have Their Limits

Vicarious liability is applicable in most areas of tort law. As the U.S. Supreme Court stated in an opinion early last year, “traditional vicarious liability rules ordinarily make principals or employers vicariously liable for acts of their agents or employees in the scope of their authority or employment.”

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