[Linux-aus] MGM d. Grokster and StreamCast

[anthony hornby <anthony.hornby@cdu.edu.au>]

FYI - forwarded from another list.

Subject: MGM d. Grokster and StreamCast
Date: Tue, 28 Jun 2005 14:29:46 +1000
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-court-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".


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

Some of the judgments are available on groklaw:
http://www.groklaw.net/article.php?story=20050627161729477

-- 
Mr Anthony Hornby RHCE BIT ALIATEC
Library Systems & Technology Coordinator
Charles Darwin University | CRICOS 300K
anthony.hornby@cdu.edu.au | office +61 8 89 466011