March 29, 2005 | By Wendy Seltzer

Grokster: From the Courthouse Steps

Oral argument has just concluded before the US Supreme Court in MGM v. Grokster. Here, from the courthouse steps, is the first EFF dispatch.

The entire bench was engaged with argument from both sides. Three key points stood out:

  • In at least some questions, the Court seemed concerned that movement from a clear "capability of substantial noninfringing use" standard would cloud future innovation.
  • Similarly, some justices seemed
    concerned that an "active inducement" standard could chill innovation, from Xerox through the iPod.
  • The Court also engaged jurisdictional questions of what acts were before the Court, and how it could separate past from current conduct.

More to come...


Deeplinks Topics

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

Check out our Stupid Patent of the Month, from a company that seems to think it invented passwords. https://www.eff.org/deeplinks...

Jul 29 @ 4:19pm

Users should be informed when their content comes under threat of removal from the Internet. This tool could help. https://www.eff.org/deeplinks...

Jul 29 @ 4:05pm

"Surveillance technologies are being deployed by local police across the US, often without any oversight." http://www.alternet.org/civil...

Jul 29 @ 1:47pm
JavaScript license information