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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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« Copyright Shenanigans Not Over in Congress - Piracy Education Act Dangerous | Main | Congressional Copyright Shenanigans Finished (For Now) »

October 08, 2004

MPAA/RIAA Files Petition for Cert in Grokster Case

Posted by Ernest Miller

By complete coincidence, the day after the INDUCE Act died (for now), the MPAA and RIAA filed a petition for a writ of certiorari with regard to the MGM v. Grokster decision:

QUESTION PRESENTED
Whether the Ninth Circuit erred in concluding, contrary to long-established principles of secondary liability in copyright law (and in acknowledged conflict with the Seventh Circuit), that the Internet-based “file sharing” services Grokster and StreamCast should be immunized from copyright liability for the millions of daily acts of copyright infringement that occur on their services and that constitute at least 90% of the total use of the services.
Um, okay.

More later, when a PDF or other easy-to-read document is available.

UPDATE 1215 PT

Here is the 46-page document: MGM v. Grokster: Petition for a Writ of Certiorari [PDF].

UPDATE 2 1240 PT

Public Knowledge has issued a press release:

Public Knowledge Statement on MPAA Petition to Supreme Court

Background: The Motion Picture Association of America (MPAA) has asked
the U.S. Supreme Court to review the Ninth Circuit /Grokster/ case, in
which a peer-to-peer service was not held liable for copyright infringement.

Statement of Gigi B. Sohn, president of Public Knowledge:

“There is no reason the Supreme Court should review the /Grokster/
decision. That case was based on the principles established in the 1984
/Betamax/ case, which has lead to the largest and most profitable period
of technological innovation in this country’s history. Consumers,
industry and our country have all benefited as a result.

“The Betamax case was good law in 1984 and remains good law today.”

Comments (1) + TrackBacks (0) | Category: Copyright | File Sharing


COMMENTS

1. K. Matthew Dames on October 9, 2004 02:27 PM writes...

Has anyone looked at the title page of the cert petition to see the entertainment industry's legal representation in this matter? The industry has more than one dozen lawyers involved in the case, including former Whitewater prosecutor Kenneth Starr, and former Clinton counsel David Kendall.

What irony.

K. Matthew Dames
Executive Editor
SNTReport.com
www.sntreport.com

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