III. CONCLUSION

All is not lost for copyright holders under a narrow interpretation of contributory liability. For instance, technological improvements in the digital rights management of copyrighted material may enable copyright holders to control the distribution of their material.78 In addition, the approach suggested by this recent development would not absolve search engines or content aggregators of any responsibility. For instance, where evidence that a search engine has targeted a particular industry or is tailored to locating a particular type of content that has faced significant copyright infringement may demonstrate the search engine operator's desire to induce and thereby profit from copyright infringement.

Those factors may not be enough to limit copyright infringement. But copyright has never been an absolute right. Rather, it is a right that Congress and the courts have balanced against other important social goods and values.79 The approach recommended in this recent development recognizes that digital and communication technologies are still in their infancy and that a narrow theory of contributory liability best balances copyright holders' rights with the significant, current-and potential-benefits offered by search engines.