more on The Grokster Decision: Chewing Gum For the Hole in the Dam

[David Farber <dave () farber net>]

Begin forwarded message:

From: Bob Weber <Weber () strategykinetics com>
Date: June 27, 2005 6:02:51 PM EDT
To: dave () farber net
Subject: Re: [IP] The Grokster Decision: Chewing Gum For the Hole in  
the Dam


For IP of you Choose

Justice Ginzburg in her concurring opinion (joined by Justices  
Rehnquist and Kennedy) wrote the following:

Even if  the absolute  number of  noninfringing files  copied
using the Grokster and StreamCast software is large, it does
not follow that the products are therefore put to substantial
noninfringing uses and are thus immune from liability.  The
number of  noninfringing  copies may be reflective of, and
dwarfed by, the huge total volume of files shared.  Further,
the District Court and the Court of Appeals did not sharply
distinguish between uses of  Grokster’s and  StreamCast’s
software products  (which  this case is about) and uses  of
peer-to-peer technology generally  (which  this case is not
about).  [emphasis added]

Managing Director, Strategy Kinetics, LLC
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Watertown, MA 02472-2533
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