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1 new of 80 responses total.
Here's the best combination of information and entertainment I have
found on the arguments before the Supreme Court in the Grokster case.
http://www.wetmachine.com/index.php/item/255
Some quick comments:
1) Not from this article, but from another source, one of the Justices
(Scalia, I think) said this case would not be decided on the basis
of "stare decisis," which more-or-less translates as "we're going
to follow precedent." So the Betamax precedent is open for
tweaking.
2) Questions from the Justices indicated that they were very sensitive
to the issue of allowing new technologies to be choked off by lawsuits
from the content industries. To paraphrase the EFF, at least the
Justices were asking the right questions.
3) The Justices don't like the point that Grokster "was making money from
wholesale violation of the copyright laws." (But the VCR business
was similarly built!!) Plaintiff MGM wants to get towards some sort
of a standard where the business model of a company is examined in
determining the company's liability for contributing to infringement:
but all that's going to do is make sure that the next iteration of
file sharing does not involve a business.
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