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Supreme Court Refuses to Hear the Schiavo Case







Supreme Court Refuses to Hear the
Schiavo Case

Supreme Court Refuses to Hear the
Schiavo Case
03/24/2005 11:23 PM

A state judge also rejected Gov. Jeb Bush's attempt to intervene, prompting a last-ditch legal scramble by Terri Schiavo's parents.




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Supreme Court Refuses to Hear the Schiavo Case

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The Supreme Court of the United States is scheduled to hear arguments this week in a high profile digital copyright case. In MGM Studios v. Grokster a group of movie studios sued Grokster , a popular peer-to-peer file-trading program, arguing that the software enabled enormous infringements of the studios' intellectual property . Last year a federal circuit court ruled in favor of Grokster; the case has proceeded on appeal.

Supporters of Grokster, such as Electronic Frontier Foundation , argue that such file-sharing tools should be considered in the light of the 1984 "Betamax case" , where the Supreme Court ruled that users, not devices, should be held liable for copyright offenses. Other defenders, such as The Economist , believe that a ruling against Grokster could stifle innovation . Allies of MGM argue that file-sharing applications, unlike VCRs, are primarily about copyright infringement. Moreover, they argue that the owners and maintainers of such software are fully aware of that propensity for infringement.

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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;
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7. Stevens and Breyer deeply dig this stuff;
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And most importantly,

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

Link

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Supreme Court Refuses to Hear the Schiavo Case

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