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June 27, 2005

File-sharing decision

Despite MSM hysteria, this isn’t the end of the world. What Matt says:

[A]s I read Justice Souter’s opinion (PDF) this may not be quite so bad as it seems. He upholds the old Sony rule that the mere fact that a technology has infringing uses is not grounds for holding its maker liable for infringement. He also seems to reject the plaintiffs’ desire to transform “substantial non-infringing use” from a qualitative standard (are there non-trivial legal uses of the technology) to a quantitative one (is the technology, in fact, mostly used legally). Instead what I think he’s saying is that Grokster and StreamCast can be held liable not for their technology, but for their marketing campaign which was allegedly geared toward advertising their products’ infringing uses.

More at TPMCafé.

Posted by Stephen at 12:33 PM in Legal issues | Permalink | TrackBack (0)

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