Although the line between these categories of liability is blurry, a precondition for all forms of secondary liability is the underlying act (or acts) of infringement.
This flies in the face of a variety of laws and caselaw on secondary liability, which protect the service provider from being held liable for abusive behavior by its users.
Some cases and commentators have argued for broadening secondary liability through cost-benefit analysis, multi-factor balancing tests, or simply basing it on technical designs or business models.
