[IP] more on The Grokster Decision: Chewing Gum For the Hole in the Dam
Begin forwarded message:
From: Bob Weber <Weber@xxxxxxxxxxxxxxxxxxxx>
Date: June 27, 2005 6:02:51 PM EDT
To: dave@xxxxxxxxxx
Subject: Re: [IP] The Grokster Decision: Chewing Gum For the Hole in
the Dam
For IP of you Choose
Justice Ginzburg in her concurring opinion (joined by Justices
Rehnquist and Kennedy) wrote the following:
Even if the absolute number of noninfringing files copied
using the Grokster and StreamCast software is large, it does
not follow that the products are therefore put to substantial
noninfringing uses and are thus immune from liability. The
number of noninfringing copies may be reflective of, and
dwarfed by, the huge total volume of files shared. Further,
the District Court and the Court of Appeals did not sharply
distinguish between uses of Grokster’s and StreamCast’s
software products (which this case is about) and uses of
peer-to-peer technology generally (which this case is not
about). [emphasis added]
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