Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. — Breyer, J., Concurring

Summary

Justice Breyer concurs in the judgment, agreeing that distributors of dual-use technology may be liable if they seek to advance infringement, but he defends the Sony safe harbor standard. He reasons that Grokster's product passes Sony's test because it is capable of substantial noninfringing uses. Justice Ginsburg, concurring, agrees on the outcome but argues the record does not show substantial noninfringing uses for Grokster sufficient to warrant summary judgment under Sony.