Digital: Ex Post

June 27, 2005

Supreme Court Strikes a Blow against P2P Sharing

Supreme Court Strikes a Blow against P2P Sharing - Popular Science: "The justices ruled against P2P companies Grokster and Streamcast because they believed that the companies intended for their users to infringe copyright with their service. The key line from the decision: “One who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement . . . is liable for the resulting acts of infringement by third parties.” But the judges don’t specify what those steps might be. In other words, if it can be shown that a company “took any affirmative steps” to aid copyright infringement, it can be held liable. What legally constitutes an affirmative step? The court doesn’t say."


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