A new theory with consequences

摘要

Now that the initial furor over the MGM vs. Grokster Supreme Court case has settled down and the cries from the opposing sides have faded into a grumble, we can look at the decision a little more dispassionately The Supreme Court's unanimous decision said Grokster could be held liable for copyright infringements committed by users of their peer-to-peer file-sharing software. Paul McNamara, who inhabits the Net Buzz column due south of here, commented a couple of weeks ago that "the court quite sensibly zeroed in on what has always been the crux of the matter — illegal business practices — and not technology itself. Non-infringing uses are all well and good, the court said, but such capabilities offer no defense against lawsuits if accompanied by a business model and marketing that" are based on encouraging piracy.