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Top court to hear landmark P2P case Tuesday







Top court to hear landmark P2P case
Tuesday

Top court to hear landmark P2P case
Tuesday
03/28/2005 07:50 AM

Technology companies worry, while Hollywood pushes for revisions on how copyright law affects products.




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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 Top court to hear landmark P2P case Tuesday
GrokA matches for Top court to hear landmark P2P case Tuesday

Top court to hear landmark P2P case Tuesday

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