Legal Definitions - substantial noninfringing use

Substantial noninfringing use refers to a significant, legitimate purpose for a product, service, or technology that does not violate intellectual property rights, even if the same product, service, or technology could also be used for infringing activities.

This concept is crucial in intellectual property law, particularly when determining whether a manufacturer or distributor can be held responsible for the infringing actions of others. If a product or service has a substantial noninfringing use, it is generally not considered an illegal device or tool merely because some users might choose to employ it for infringement. The existence of such a legitimate use often protects the creators or providers from secondary liability (like contributory infringement).

• Example 1: Digital Video Recorder (DVR)

  A company manufactures and sells a digital video recorder (DVR) that allows users to record television programs and store them for later viewing. While a user *could* potentially use the DVR to record copyrighted shows and then illegally distribute copies to others, the device's primary and substantial noninfringing use is for "time-shifting." This means allowing individuals to watch broadcast television at a more convenient time, which is a widely accepted and legitimate use that does not infringe copyright. Because the DVR has this significant noninfringing purpose, the manufacturer is generally not held liable for the rare instances where a user might misuse the device for illegal copying and distribution.

• Example 2: General-Purpose Photo Editing Software

  A software company develops and sells a powerful photo editing program. This software provides a wide array of tools for enhancing images, creating digital art, and manipulating photographs. While a user *could* potentially use the software to alter and distribute copyrighted images without permission (an infringing act), its substantial noninfringing use lies in its ability to help professional photographers edit their own work, graphic designers create original content for clients, or hobbyists improve personal photos. The software itself is a versatile tool with numerous legitimate applications, and its creators are not responsible for every possible misuse by individual users.

• Example 3: Multi-Purpose 3D Printer

  A company produces and sells a high-resolution 3D printer capable of creating physical objects from digital designs. While it *could* theoretically be used to print patented parts or copyrighted figurines without authorization, its substantial noninfringing use includes rapid prototyping for product development, creating custom medical models for surgical planning, producing unique artistic sculptures, or manufacturing specialized tools for personal use. The printer's primary function is to fabricate objects, and its vast array of legitimate applications means the manufacturer is not liable simply because a rare user might choose to print infringing content.