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Supreme Court to hear cable modem case







Supreme Court to hear cable modem case

Supreme Court to hear cable modem case 03/25/2005 07:02 PM

A group of ISPs (Internet service providers) on Tuesday will ask the U.S. Supreme Court to require broadband cable providers to share their networks with competitors, just as incumbent U.S. telecommunications carriers were required to share their DSL (Digital Subscriber Line) networks during the past five years.




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Supreme Court to hear cable modem 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;
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.

Link

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Grok Description matches for Supreme Court to hear cable modem case
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Supreme Court to hear cable modem case

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