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March 29, 2005

Grokster and the Supremes

Today the U.S. Supreme Court is hearing oral argument in a case that pits the online peer-to-peer software company Grokster and others against M-G-M and the major recording and motion picture companies. (Here is the New York Times coverage.) There are stars on both sides of the debate, both for and against file sharing. It is estimated that tens of millions of songs and movies are illegally downloaded every day.

Grokster will base its arguments on the so-called Sony Betamax case of 1984, in which the Supreme Court ruled that Sony could not be ruled for infringement even though some consumers used it to make illegal copies of copyrighted movies. What may influence this case, however, is the large scale piracy that has proceeded from the various file-sharing, and the fact that the digital copies are "perfect" (in contrast to multi-generational videotape copies, which lose quality with each succeeding copy).

As the New York Times correctly points out,

Regardless of the outcome, it still won't be legal to download copyrighted materials over the Internet without permission, though tens of millions of computer users do so each day. And any ruling won't affect thousands of copyright lawsuits filed individually against Internet users caught sharing music and movies online.
Even if Grokster wins, it is still illegal to download somebody else's property onto your computer. Pay a visit to the iTunes store or the reincarnated Napster or Rhapsody or one of the other services instead and get out your credit card.

Posted by tdr at March 29, 2005 12:27 PM

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Comments

Somebody, please, help me get 'Stop In The Name Of Love' out of my head!

Posted by: Keith at March 29, 2005 01:31 PM

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