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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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« Time Magazine: Then and Now | Main | Today in History - June 29 »

June 29, 2005

Day Three of the Grokster Era

Posted by Ernest Miller

More post-Grokster commentary from around the web. This post will be updated throughout the day as I come across interesting posts.

Constitutional Code has two good articles:

Michael Madison argues that we may be at a Kuhnian paradigm shift in our understanding of innovation (Grokster and Innovation). Very interesting post.

Larry Solum on his Legal Theory Blog: Grokster and the Future of P2P.

The Grokster decision may have been a minor tactical victory for content providers, but it is a stupendous strategic loss.
Doug Lichtman is still quite pessimistic about Grokster seeing a loss all the way around: Reading Wu, Reading Grokster.

He is responding to Tim Wu: iGrokster.

Randy Picker also has some repsonses to Tim Wu: Itunes Again

Denise Howell has lots of anecdotal evidence about the use of P2P to download government docs in the couple of days since Grokster was decided (Noninfringing Torrents).

C.E. Petit on Scrivener's Error makes the case for his version of the winners and losers in Grokster: Grokster (3): Who Won?. He makes some good points but I'm not sure the "garage-mechanic-for-the-love-of-it" technologist who is a winner according to Petit is that big of a category. After all, once they invent something that is really an innovation they quickly try to move out of that category ... and shouldn't we encourage them to do so? The Grokster decision doesn't believe so, apparently.

On Further Reflection explains how the Court got the patent law of active inducement wrong (Grokster: Porting Inducement from Patent to Copyright and Adding New Bugs).

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