[LINK] Grokster no infringement - US Court of Appeals

[Graham Greenleaf]

No one seems to have mentioned the Grokster decision on Link. I 
assume a lot of people will find it interesting.

A link and a taste of its flavour below.

- Graham


At 1:22 PM -0400 19/8/04, Michael Geist wrote:
><http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E9CE41F2E90CC8D788256EF400822372/$file/0355894.pdf?openelement>
>
>The 9th Circuit affirms the District court on both contributory and 
>vicarious copyright infringement claims.  It also has some strong 
>words on the policy issues raised by the case:
>
>"The Copyright Owners urge a re-examination of the law in the light 
>of what they believe to be proper public policy, expanding 
>exponentially the reach of the doctrines of contributory and 
>vicarious copyright infringement. Not only would such a renovation 
>conflict with binding precedent, it would be unwise. Doubtless, 
>taking that step would satisfy the Copyright Owners' immediate 
>economic aims. However, it would also alter general copyright law in 
>profound ways with unknown ultimate consequences outside the present 
>context.
>
>Further, as we have observed, we live in a quicksilver technological 
>environment with courts ill-suited to fix the flow of internet 
>innovation. AT&T Corp. v. City of Portland, 216 F.3d 871, 876 (9th 
>Cir. 1999). The introduction of new technology is always disruptive 
>to old markets, and particularly to those copyright owners whose 
>works are sold through well established distribution mechanisms. 
>Yet, history has shown that time and market forces often provide 
>equilibrium in balancing interests, whether the new technology be a 
>player piano, a copier, a tape recorder, a video recorder, a 
>personal computer, a karaoke machine, or an MP3 player. Thus, it is 
>prudent for courts to exercise caution before restructuring 
>liability theories for the purpose of addressing specific market 
>abuses, despite their apparent present magnitude."
>
>MG
>--
>**********************************************************************
>Professor Michael A. Geist
>Canada Research Chair in Internet and E-commerce Law
>University of Ottawa Law School, Common Law Section
>Technology Counsel, Osler, Hoskin & Harcourt LLP
>57 Louis Pasteur St., Ottawa, Ontario, K1N 6N5
>Tel: 613-562-5800, x3319     Fax: 613-562-5124
>mgeist at pobox.com              http://www.michaelgeist.ca

-- 
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Graham Greenleaf     

Professor of Law          
Faculty of Law, University of New South Wales   
UNSW SYDNEY NSW 2052  Australia (UNSW CRICOS Provider No: 00098G)     
Co-Director, Australasian Legal Information Institute (AustLII)
Co-Director, Baker & McKenzie Cyberspace Law and Policy Centre
General Editor, Privacy Law & Policy Reporter - 
http:/iinet.net.au/~greenleaf/plpr/

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