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9th Circuit Affirms Grokster Decision
From: Dave Farber <dave () farber net>
Date: Thu, 19 Aug 2004 13:38 -0400
___ Dave Farber +1 412 726 9889 ...... Forwarded Message ....... From: Michael Geist <mgeist () pobox com> To: dave () farber net Date: Thu, 19 Aug 2004 13:24:12 -0400 Subj: 9th Circuit Affirms Grokster Decision Dave, The 9th Circuit has affirmed the District court on both contributory and vicarious copyright infringement claims against Grokster. It also has some strong words on the policy issues raised by the case: "The Copyright Owners urge a re-examination of the law in the light of what they believe to be proper public policy, expanding exponentially the reach of the doctrines of contributory and vicarious copyright infringement. Not only would such a renovation conflict with binding precedent, it would be unwise. Doubtless, taking that step would satisfy the Copyright Owners' immediate economic aims. However, it would also alter general copyright law in profound ways with unknown ultimate consequences outside the present context. Further, as we have observed, we live in a quicksilver technological environment with courts ill-suited to fix the flow of internet innovation. AT&T Corp. v. City of Portland, 216 F.3d 871, 876 (9th Cir. 1999). The introduction of new technology is always disruptive to old markets, and particularly to those copyright owners whose works are sold through well established distribution mechanisms. Yet, history has shown that time and market forces often provide equilibrium in balancing interests, whether the new technology be a player piano, a copier, a tape recorder, a video recorder, a personal computer, a karaoke machine, or an MP3 player. Thus, it is prudent for courts to exercise caution before restructuring liability theories for the purpose of addressing specific market abuses, despite their apparent present magnitude." Decision at <http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E9CE41F2E90CC8D788256EF400822372/$file/0355894.pdf?openelement> MG -- ********************************************************************** Professor Michael A. Geist Canada Research Chair in Internet and E-commerce Law University of Ottawa Law School, Common Law Section Technology Counsel, Osler, Hoskin & Harcourt LLP 57 Louis Pasteur St., Ottawa, Ontario, K1N 6N5 Tel: 613-562-5800, x3319 Fax: 613-562-5124 mgeist () pobox com http://www.michaelgeist.ca ------------------------------------- You are subscribed as interesting-people () lists elistx com To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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- 9th Circuit Affirms Grokster Decision Dave Farber (Aug 19)