Court to revisit Grokster case
p2pnet.net News:- The US Supreme Court has granted the entertainment industry certiorari in the Morpheus / Grokster case.
It’ll hear arguments in March, 2005, says the EFF (Electronic Frontier Foundation), which represents Morpheus owner StreamCast Networks.
The entertainment industry has already had one ruling when the US Court of Appeals for the 9th circuit decided p2p companies aren’t liable for, “contributory and vicarious copyright infringement” on the part of people who use their applications.
However, even though the court was unanimous, Hollywood is still trying to use its financial weright and bottomless pockets get the decision reversed.
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See:-
one ruling - Bad year for Hollywood, p2pnet, December 10, 2004
December 11th, 2004 at 2:29 am
I guess it could be a good thing if the supreme court upheld the betamax ruling once and for all.
Then again it might reverse the decision with all that it implies to technological implementations.
I’d read the documents submitted to the supreme court, but that’s like 15 pdf files and that’s more than I can stomach right now.
If you want to check the documents of the case, they’re all on this page on the EFF website:
http://www.eff.org/IP/P2P/MGM_v_Grokster/
December 11th, 2004 at 4:28 am
I think that this is a good thing.
1 the riaa and mpaa sue emall compain wasn’t working and with there recent court setbacks this will give them a excuess to stop for at least the next six months.
2 if the grokster wins in the surpeme court it would also reverse the amister/madster decison that said they were liable for what happend on there network and they had to shutdown which set a Precedent.
I don’t see five justices voting to overturn the sony betamax decision expect maybe justice Rehnquist who was on court in 1984 and voted against the vcr
December 11th, 2004 at 5:23 am
I’m too shocked to be angry.
These people obviously must be senile to even consider overturning betamax.
This grant of cert implies the supreme court disagrees with betamax, believes that grokster should be found guilty, and is placing full weight of the case on grokster to prove its innocence.
The replacement of the betamax doctrine with the MGM doctrine would mean:
-any file format without restrictive DRM would be judged to be an “infringing format”, meaning they are illegal because these formats lack redistribution controls and are used often for potential copyright infringement.
-All media players, both physical and software, would be under direct regulation of the content cartels, this includes vcrs. everything would lose its capability to record, because after all, recorded tv and ripped cd’s end up on the internet.
-all personal computers would lose their general purpose ability through crippling new standard which would remove people’s freedom to design, build, acquire, or install formats which would endager the content cartels.
-the internet as it exists today would no longer be legal
because the entire internet is bidirectional and user to user (peer to peer), in its current and “unrestricted” state it would be illegal. It might still be “permitted” to exist, once it, and all hardware relating to it,is regulated to the point at which it serves only as a one way delivery device (no better than tv) for the content cartels.
December 13th, 2004 at 7:45 am
I have a sneaking suspicion since the supreme court granted the riaa a grant of certiorari the supreme court will reverse the lower court decision by the 9th court of appeals.
don’t you know that the us court system and the us congress always sides with big business ?
I would not be shocked if the beta max decision was reversed.
I don’t really know if fair use rights includes making countless dvd and cd backups from just one store bought cd or dvd.
I will take a wild quess if mgm wins their case they will sue every mp3 and movie download site that they can.
They will run a lot people out of business because it will be a lot easier to sue an owner of a download site.
Naturally all of these websites will move their operations overseas to some country who has laxer intellectual property laws to avoid getting sued.
Those download sites will go the same way websites that were involved in decss utilities.
If you want to copy a dvd on a computer you have to get dvd decyrpter or dvd shrink on an overseas website.
Movie copying is so common overseas you can download dvd shrink or dvd decrypter for FREE!!
The mpaa would just love running doom9.net out of business if they had their way.
In some respects the us is one of the most backward countries in the world.
I really don’t why most people are either too stupid or apathetic to care about them getting shoved around by the mpaa and riaa.
December 13th, 2004 at 7:49 am
I have a sneaking suspicion since the supreme court granted the riaa a grant of certiorari the supreme court will reverse the lower court decision by the 9th court of appeals.
don’t you know that the us court system and the us congress always sides with big business ?
I would not be shocked if the beta max decision was reversed.
I don’t really know if fair use rights includes making countless dvd and cd backups from just one store bought cd or dvd.
I will take a wild quess if mgm wins their case they will sue every mp3 and movie download site that they can.
They will run a lot people out of business because it will be a lot easier to sue an owner of a download site.
Naturally all of these websites will move their operations overseas to some country who has laxer intellectual property laws to avoid getting sued.
Those download sites will go the same way websites that were involved in decss utilities.
If you want to copy a dvd on a computer you have to get dvd decyrpter or dvd shrink on an overseas website.
Movie copying is so common overseas you can download dvd shrink or dvd decrypter for FREE!!
The mpaa would just love running doom9.net out of business if they had their way.
In some respects the us is one of the most backward countries in the world.
The us has some of the most FUCKED UP ideas about property ownership in the whole wide world.
I really don’t why most people are either too stupid or apathetic to care about them getting shoved around by the mpaa and riaa.