Grokster case: Winners and losers

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This article must be about a different decision.

The one the Supreme Court issued yesterday concerned whether or not an intent to encourage infringement could be proven against two specific companies. The Court decided it could, based on the words and actions of the companies.

The decision should be of most concern to for-profit companies announcing, "Come on and infringe copyright here."

The decision is not the end of the issue. There will be other trials about intent. There will be a resolution of the issue about how much non-infringing use is needed to protect the software from deciding the inherent motive was infringement. That will be the most important decision.

But in the meantime, all we know so far is that file-swappers will accelerate their move to different software, not-for-profit or new technologies. There is no reason to believe, as the article assumes, that the decision will have the slightest impact on how much material is shared.

Being based on a false premise, that this decision will reduce file sharing, the article becomes nothing but a listing of groundless assertions.

Posted by: Anton Philidor   Posted on: 06/28/05 You are currently: a Guest | Members login | Terms of Use

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