Grokster, StreamCast Lose. From the post on SCOTUSblog: “In a decision announced by Justice David H. Souter, the Court said: ‘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 by third parties’ – that is, computer users using free downloading software.”
I’m no legal analyst, but it strikes me that the specification that the distributor of the device that may be used for infringing purposes must promote such usage in order to be liable is very important, and will likely precipitate further legal battles before the issue is settled. AFAIK all such distributors caution users against such infringing usage.
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Filesharing – The New Economy of Community
http://antagonise.blogspot.com/2005/06/filesharing-new-economy-of-community.html
Morpheus/Grokster Senate Ruling Explained
http://antagonise.blogspot.com/2005/06/morpheusgrokster-senate-ruling.html
Doesn’t this open the door for gun control groups if gun makers are selling to high-risk users? Just a thought.
That’s a really interesting idea, Krista. I don’t know enough about it to know whether it would apply or not – though I doubt it. They tend to define things pretty closely and limit application of decisions to specific situations wherever possible.
(whew – just starting to get organized at the new place)