States, artists urge top court to hear P2P case

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EFF Brief against Certiorari is good...

The brief that the EFF filed against Certiorari is quite a read:

http://www.eff.org/IP/P2P/MGM_v_Grokster/20041108_Final_Brief.pdf

While the SCOTUS might take the case anyway, the brief nicely and substansively attacks the Petitioners' position without creating politics. In fact, the brief attacks the RIAA/Hollywood's position in many key areas:

- That the Petitioners never substantively disputed any of the compelling facts of the case, such as substantial non-infringing uses.
- That it is the Petitioners that want Copyright to be re-written, against much of the existing precedent and even against the Supreme Court's own Betamax opinion.
- That there is no real discrepancy between the opinions rendered by multiple circuits-- only the fiction crafted by the RIAA.
- That the Supreme Court has consistently ruled that Congress should decide the balance in Copyright, not the courts.

I think the Grokster's lawyers have done quite a job in its arguments. Even if the SCOTUS takes this case, you can't blame the lawyers for not doing their jobs here. If I were to make a wager, I'd say that certification won't be granted because (1) The SCOTUS rejects most certification requests, and (2) IMHO, this rebuttal is well-argued based on the facts and precedence.

Cheers!

Posted by: Root User   Posted on: 11/08/04 You are currently: a Guest | Members login | Terms of Use

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