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Why the Supreme Court will hear Grokster







Why the Supreme Court will hear Grokster

Why the Supreme Court will hear Grokster 08/22/2004 07:30 AM

Cory Doctorow: Over on Lessig's blog, Tim Wu has enumerated 10 reasons that the Supreme Court is likely to hear the Grokster case:

1. These is a stated legal conflict on the Sony standard as between the 7th and 9th Circuits;
2. The 7th and 9th Circuits disagree (albeit in partially in dicta) on the relevance of willful blindness to secondary liability;
4. The Court has these matters in hand: it has granted cert. in many similar cases historically (Sony, 1980s, White-Smith (the Piano Roll case) 1909, Teleprompter and Fortnightly (Cable / Broadcast, 1960s & 1970s);
5. The Court has a vague sense that some far-out stuff is going on in the field of “Computer Law” that maybe it should check out;
6. Law clerks use KaZaA & BitTorrent to plan basketball games;
7. Stevens and Breyer deeply dig this stuff;
8. Scalia likes anything having to do with property;
9. Souter got his first computer last week.

And most importantly,

10. The Court loves to be the center of attention, and this would make it so.

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The case began when MGM and several record labels filed suit against StreamCast Networks and file-sharing network Grokster, arguing that they were intentionally created to allow people to illegally trade copyrighted material. That case was thrown out by a circuit court in August, paving the way for it to be argued in front of the Supreme Court. "The scale of the whole thing is mind-boggling," argued recording industry lawyer Donald Verrilli. "They intentionally built a network of infringing users."

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