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SCOTUS WATCH: FILE-SHARING COMPANIES CAN BE SUED

By Michelle Malkin  •  June 27, 2005 11:06 AM

The SCOTUS struck a big blow for digital copyright protections this morning. Associated Press reports:

Internet file-sharing services will be held responsible if they intend for their customers to use software primarily to swap songs and movies illegally, the Supreme Court ruled Monday, rejecting warnings that the lawsuits will stunt growth of cool tech gadgets such as the next iPod.

The unanimous decision sends the case back to lower court, which had ruled in favor of file-sharing services Grokster Ltd. and StreamCast Networks Inc. on the grounds that the companies couldn’t be sued. The justices said there was enough evidence of unlawful intent for the case to go to trial.

File-sharing services shouldn’t get a free pass on bad behavior, justices said.

“We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by the clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties,” Justice David H. Souter wrote for the court.

Looks like those who use P2P programs to download copyrighted music and movies are going to have to pay for their CDs and DVDs like everybody else.

So much for the experts who predicted that neither side would get a convincing win.

Update: Jeff Jarvis is unhappy with the ruling:

Grokster loses. Thus so do toolmakers and enablers of any sort … which, after all, is the very definition of the internet. The decision is terribly out of sync with the future.

It sure is easy to be a Share Bear when it comes to the pilfering of other peoples’ copyrighted works. Jarvis, however, isn’t quite so public-spirited when it comes to sharing his own work:

COPYRIGHT NOTICE:
It’s mine, I tell you, mine! All mine! You can’t have it because it’s mine! You can read it (please); you can quote it (thanks); but I still own it because it’s mine! I own it and you don’t. Nya-nya-nya. So there.
COPYRIGHT 2001-2003-20?? by Jeff Jarvis

Posted in: Supreme Court

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