Tuesday, June 28, 2005 [Tweets] [Favorites]

MGM v Grokster

John C. Welch:

SCOTUS said, “Grokster created and aimed this software at the Napster crowd, and encourage it as a music sharing product”

SCOTUS didn’t say “All P2P is only for copyright infringement, and if you use it for any reason, you’re a criminal.”

Rebecca Tushnet:

Would “See any TV show you want to, anytime you want to see it” or “build a library” count as enough obvious encouragement of librarying—which was not found to be fair use—to justify a finding of contributory infringement?…What about “any TV show” in the context of pay cable, which again was not analyzed as fair use when the Court looked at time-shifting free broadcast TV?

Moving onward, what would a responsible lawyer tell Apple about “Rip. Mix. Burn.” after today? Does that clearly promote infringement?

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