9th Circuit Affirms Grokster Decision

[Dave Farber <dave () farber net>]

___

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



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