re: College football games may be coming back

Do you know of a case where the plaintiff won with that sort of argument? I mean I agree it's certainly obvious that's a loophole, but I think some courts might be reluctant to rule that way. If anything I'd think they would just require the company to police the servers and take down alleged infringing materials uploaded by users, ala YouTube. YouTube allows users to post videos and isn't liable for copyright infringement as long as they take down videos that are flagged for infringement. But YouTube and its user-sharing community is fine otherwise. I would think a generic football game could operate in the same manner. We'd just have to download all those custom rosters before they're taken down.

Also, although it's not in the same realm of intellectual property, you could point to other products that are perfectly legal despite the fact that everyone knows they are used for illegal purposes. Bongs or other drug paraphernalia for instance. I've read cases where the court was satisfied with the fact that there exists legal and legitimate uses for the product and it is not the companies fault that people choose to go beyond its intended use.