[IP] 9th Circuit Affirms Grokster Decision
___
Dave Farber +1 412 726 9889
...... Forwarded Message .......
From: Michael Geist <mgeist@xxxxxxxxx>
To: dave@xxxxxxxxxx
Date: Thu, 19 Aug 2004 13:24:12 -0400
Subj: 9th Circuit Affirms Grokster Decision
Dave,
The 9th Circuit has affirmed the District court on both contributory
and vicarious copyright infringement claims against Grokster. It
also has some strong words on the policy issues raised by the case:
"The Copyright Owners urge a re-examination of the law in the light
of what they believe to be proper public policy, expanding
exponentially the reach of the doctrines of contributory and
vicarious copyright infringement. Not only would such a renovation
conflict with binding precedent, it would be unwise. Doubtless,
taking that step would satisfy the Copyright Owners' immediate
economic aims. However, it would also alter general copyright law in
profound ways with unknown ultimate consequences outside the present
context.
Further, as we have observed, we live in a quicksilver technological
environment with courts ill-suited to fix the flow of internet
innovation. AT&T Corp. v. City of Portland, 216 F.3d 871, 876 (9th
Cir. 1999). The introduction of new technology is always disruptive
to old markets, and particularly to those copyright owners whose
works are sold through well established distribution mechanisms. Yet,
history has shown that time and market forces often provide
equilibrium in balancing interests, whether the new technology be a
player piano, a copier, a tape recorder, a video recorder, a personal
computer, a karaoke machine, or an MP3 player. Thus, it is prudent
for courts to exercise caution before restructuring liability
theories for the purpose of addressing specific market abuses,
despite their apparent present magnitude."
Decision at
<http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E9CE41F2E90CC8D788256EF400822372/$file/0355894.pdf?openelement>
MG
--
**********************************************************************
Professor Michael A. Geist
Canada Research Chair in Internet and E-commerce Law
University of Ottawa Law School, Common Law Section
Technology Counsel, Osler, Hoskin & Harcourt LLP
57 Louis Pasteur St., Ottawa, Ontario, K1N 6N5
Tel: 613-562-5800, x3319 Fax: 613-562-5124
mgeist@xxxxxxxxx http://www.michaelgeist.ca
-------------------------------------
You are subscribed as roessler@xxxxxxxxxxxxxxxxxx
To manage your subscription, go to
http://v2.listbox.com/member/?listname=ip
Archives at: http://www.interesting-people.org/archives/interesting-people/