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

What do you call it when companies make back-room deals to control Internet content? We call it Shadow Regulation. https://www.eff.org/deeplinks...

Sep 29 @ 3:14pm

Sen. @RonWyden sent this letter to @ODNIgov about unused transparency bonuses, following EFF's report https://www.eff.org/document/...

Sep 29 @ 2:26pm

Much interest at the WTO in new global trade rules for the Internet… but also acceptance that users must be involved https://www.eff.org/deeplinks...

Sep 29 @ 12:33pm
JavaScript license information