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June 29, 2005

More Supreme Court...

If you're not tired of reading about Monday's landmark ruling yet, Bill Rosenblatt over at DRM Watch has posted an excellent summary...Below are a few key points that may have gotten lost in all the hoopla that I think are worth sharing...

  • 'While the decision was a stunning victory for the media industry and a blow to technology companies, at the same time, it also preserved technologists ability to innovate without fear of legal action for copyright infringement.'
  • "The decision creates a new theory of secondary infringement liability based on "intent to induce" infringement, which now extends the existing theory of contributory liability (knowingly aiding and abetting infringement)."
  • "Most disturbingly, the ruling implies that technology companies could be held responsible for every marketing message that they put out in the past -- which, of course, is unchangeable."
  • "The decision adds a potent weapon to the media industry's arsenal in their war against piracy, which it can use -- and hopefully not abuse -- against large-scale infringement profiteers...But it leaves pure technologists intact in their ability to innovate without any (further) legal restraint, which is as it should be."

Also, as a result of the decision, he expects that the effect on illegal downloading and legitimate, DRM-enabled online content services will be gradual...
 

Posted by Todd in Legal | Permalink

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Tracked on Jun 29, 2005 2:12:33 PM

» No More MGM vs. Grokster Headlines! from GarageSpin
I vow not to add another MGM vs. Grokster post to the many, many great articles that already exist everywhere. Except this one. P2P file-sharing certainly won't stop. And it's still a good way for indie artists to get... [Read More]

Tracked on Jun 30, 2005 9:02:15 AM

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