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Supreme Court Hears Grokster Case (washingtonpost.com)







Supreme Court Hears Grokster Case
(washingtonpost.com)

Supreme Court Hears Grokster Case
(washingtonpost.com)
03/29/2005 11:03 PM

washingtonpost.com - The entertainment industry yesterday took its campaign to stop illegal sharing of music and videos to the U.S. Supreme Court, telling the justices that popular online services such as Grokster and Kazaa should be held responsible for the unlawful acts of their users.




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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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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);
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9. Souter got his first computer last week.

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