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Links: Grokster petition filed |
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Posted by Steven Wu on Monday, October 11 @ 12:05:12 EDT
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The movie studio losers in MGM v. Grokster have now filed a petition for writ of certiorari before the Supreme Court. Here's the question presented:
Whether the Ninth Circuit erred in concluding, contrary
to long-established principles of secondary liability in
copyright law (and in acknowledged conflict with the
Seventh Circuit), that the Internet-based "file sharing"
services Grokster and StreamCast should be immunized from
copyright liability for the millions of daily acts of copyright
infringement that occur on their services and that constitute at least 90% of the total use of the services.
(In case you're wondering, most QPs are quite slanted, but this one is really something.) The petition itself argues that the Supreme Court's Sony-Betamax case compels reversal of the Ninth Circuit's decision (which protected Grokster), and that the decision conflicts with the Seventh Circuit's Aimster decision.
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