[LINK] MGM d. Grokster and StreamCast

[Jsavirimuthu at aol.com]

I have posted the ruling on the Law Student's Blog here: 
_http://savirimuthu.typepad.com/ilaw06/2005/06/grokster_ruling.html_ 
(http://savirimuthu.typepad.com/ilaw06/2005/06/grokster_ruling.html) 
 
 A quick skim through the judgements suggest that the Betamax defence  is now 
being restricted. It would appear that P2P suppliers cannot rely solely  on 
the *dual purposes* argument, if the business model (at the point of  
delivery?) is targetted at the "infringing market" - in practical terms one  wonders 
how the *look and feel* argument (prevalent in Patent Law) translates to  
copyright law (ie inducement). Will post a fuller account of the judgements on  my 
blog within the next day or two.
Joseph Savirimuthu
 
In a message dated 28/06/2005 05:30:41 GMT Standard Time,  
Roger.Clarke at xamax.com.au writes:


June  27, 2005 7:11 AM PDT
[U.S.] Supreme Court rules against [suppliers of]  file-swapping 
[devices with the object of promoting its use to infringe  copyright]
John  Borland
http://news.com.com/2061-10799_3-5764114.html

The U.S.  Supreme Court ruled in favor of studios and record labels 
Monday in the  closely watched case on file-swapping. In a unanimous 
decision, justices  said that peer to peer software companies should 
be liable for the  copyright infringement of people using their 
products.

"We hold  that one who distributes a device with the object of 
promoting its use to  infringe copyright, as shown by clear expression 
or other affirmative  steps taken to foster infringement, is liable 
for the resulting acts of  infringement," wrote Justice David Souter 
in the majority  opinion.


[Even Forbes Magazine will not be impressed with  that:
http://www.forbes.com/home/digitalentertainment/2005/06/24/grokster-supreme-co
urt-case-cx_ah_0624diglife.html
"What's  at issue is whether the companies who make the software that 
enable the  sharing are liable for contributing to the rampant 
copyright infringement  that takes place".
"Make the media companies compete, and they'll find a  way to innovate 
on their own. Give them an excuse to start suing  entrepreneurs with 
new ideas, and they'll just become more complacent than  they already 
are".


[I haven't found the judgement or a decent  summary yet.

[A summary prior to the Supreme Court judgement is  at:
http://www.law.duke.edu/publiclaw/supremecourtonline/certgrants/2004/mgmvgro.h
tml  
]

-- 
Roger Clarke             http://www.anu.edu.au/people/Roger.Clarke/

Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT  2611 AUSTRALIA
Tel: +61 2 6288 1472, and 6288  6916
mailto:Roger.Clarke at xamax.com.au           http://www.xamax.com.au/

Visiting Professor in  Info Science & Eng  Australian National University
Visiting  Professor in the eCommerce Program      University of Hong  
Kong Visiting Professor in the Cyberspace Law & Policy Centre 
Uni  of NSW
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Liverpool Law  School
jsaviri at liverpool.ac.uk
http://savirimuthu.typepad.com