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...