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Cable Modem Case Heads to the Supreme Court (PC World)







Cable Modem Case Heads to the Supreme
Court (PC World)

Cable Modem Case Heads to the Supreme
Court (PC World)
03/28/2005 10:13 AM

PC World - Court will examine whether broadband cable networks must be open to competing ISPs.




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Cable Modem Case Heads to the Supreme Court (PC World)

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While most of the Supreme Court attention yesterday went to the Grokster case, the Justices also heard the Brand X case, which was an appeal on a rulin g from a few years back, saying that the FCC was wrong in classifying cable broadband services as "information services" instead of "telecom services" -- and, thus, opening up the cable companies to forced line sharing rules. While it might not mean anything, the initial reports suggest that the Justices were skeptical of the cable companies claims, and seemed to wonder why cable broadband and telco broadband were being treated differently. Unfortunately, the case isn't quite as straightforward as it might appear. The reason the telcos have line sharing rules in the first place is because they came by their copper lines through the breakup of a government granted monopoly. These were systems built with government backing (though, as some have pointed out, the cost of those lines should be next to nothing by now). Most of the cable systems were built by private companies. That's a big distinction, and really is at the heart of this case. While both sides claim that competition will be stifled if the other side wins, that seems unlikely (either way). With the FCC leaning again st line sharing, even if cable offerings are classified as telecom services, they might not be required to share lines. However the court decides, though, it is likely to influence many other FCC rulings that impact a variety of different services, such as VoIP -- since it will set up the regulatory framework by which the FCC can rule across both cable and DSL. If both are aligned, it should also play into how they regulate wireless broadband technologies as well. In other words, the specific decision may not have a direct impact right away, but the eventual consequences may be far reaching.

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The United States Supreme Court agreed to consider a high profile case involving the internet and copyright infringement. The question, which has been subject to numerous lower court rulings, concerns whether or not the creators of peer-to-peer software can be held liable for users' copyright infrigement. The companies cite the 1984 " Betamax case ," which immunized VCR makers from copyright charges. The intellectual property holder side of the case charges the software companies with knowing full well the uses to which their applications have been put.

Metro-Goldwyn-Mayer Studios v. Grokster Ltd involves a large group of players:

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Case of Brain-Damaged Woman Heads to
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AP - Six days after Terri Schiavo's feeding tube was removed at the request of her husband, a hospital began again pumping fluids into the brain-damaged woman on orders from Gov. Jeb Bush. Both men have remained rivals in one of the nation's longest and most bitter right-to-die battles, a struggle that has embroiled all branches of state government and is now in the Florida Supreme Court.

Grokster File-Sharing Case Hits The
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Grokster File-Sharing Case Hits The
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03/31/2005 12:35 PM
The Supreme Court heard arguments Tuesday from representatives of major film studios and the recording industry who are seeking to shut down peer-to-peer services they say are costing them billions of dollars. One of the questions the court kept coming back to was this: What's more important — preventing potential copyright violations or allowing the market to come up with innovative new products?

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."

News source: mtv.com

Read full story...

P2P v. Big Content: Opening arguments in
the Supreme Court case to watch


P2P v. Big Content: Opening arguments in
the Supreme Court case to watch
03/30/2005 03:43 AM
The opening arguments in MGM v. Grokster were today. Below the fold are a link to a good summary and my own thoughts on the case.

Supreme Court Decides Terror Case on
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06/28/2004 10:11 AM
Reuters - The Supreme Court decided on Monday the case of terror suspect Jose Padilla on narrow procedural grounds and ruled a federal court in New York lacks jurisdiction over his case, a decision that does not reach the heart of the dispute.
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