Legal Definitions - primary purpose or effect

The legal term "primary purpose or effect" refers to the main reason for which a product or service is created or used, or the principal outcome that results from its availability or operation. In the context of copyright law, this concept has been considered when assessing whether a manufacturer or seller could be held responsible for copyright infringement committed by users of their product. It involves evaluating if the product's central function or its most significant consequence is to facilitate or enable the infringement of copyrighted works.

While the U.S. Supreme Court largely rejected this as the sole test for contributory copyright infringement in a landmark case, the underlying concept helps illustrate how courts might consider the intent behind a product or its most significant impact.

• Example 1: A Device Exclusively for Bypassing Copyright Protection

  Imagine a company manufactures and sells a specialized electronic device whose sole function is to decrypt encrypted satellite television signals, allowing users to watch subscription-based channels without paying for a subscription. The device has no other practical or advertised use.

  In this scenario, the primary purpose of the device is unequivocally to bypass copyright protection and enable unauthorized access to copyrighted broadcasts. Its design and functionality leave no doubt that its main reason for existence is to facilitate infringement.

• Example 2: Software with an Overwhelming Infringing Outcome

  Consider a software application designed to easily strip digital watermarks and copyright metadata from images and videos. While the developers might claim a niche legitimate use (e.g., for users to remove their own watermarks from their own content for specific purposes), the software's widespread adoption and design overwhelmingly lead to users removing copyright notices from others' copyrighted works, making them appear as original or unencumbered content.

  Here, the primary effect of the software's availability and use is the widespread alteration and potential infringement of copyrighted visual media. Despite any minor, theoretical legitimate uses, the dominant outcome of its operation is to facilitate copyright violations.

• Example 3: A General-Purpose Tool with Incidental Infringing Potential

  A manufacturer produces high-quality, blank USB flash drives with large storage capacities. While these drives can be used by individuals to store and share unauthorized copies of copyrighted music, movies, or software, they are also widely used for numerous legitimate purposes, such as backing up personal computer files, storing original photographs and documents, or transferring work files between computers.

  In this case, the primary purpose or effect of selling blank USB flash drives is not copyright infringement. The product is a general-purpose storage tool with many significant legitimate uses. The potential for infringement, while present, is not its main reason for existence or its principal consequence, distinguishing it from products whose core function or overwhelming outcome is infringement.