[DMCA-Activists] First Amicus Grokster Brief

[Seth Johnson]

This fine brief is singular in the way it 1) highlights the fact
that copyright holds secondary status to other rights, 2) neatly
eliminates much of the hystericized aspects of the discourse
through a precise legal reading of the distribution right, and a
very lucid treatment of secondary liability once that thicket is
cleared, and 3) thereby brings about a clear address of First
Amendment and antitrust considerations (and also private copies,
etc.), concerns which have been marginalized by hystericized
attitudes toward the technology.


Seth

-------- Original Message --------
Subject: pho: First Grokster brief filed Friday
Date: Fri, 21 Jan 2005 23:40:55 -0500
From: "John T. Mitchell" <address@hidden>
Reply-To: <address@hidden>
Organization: Interaction Law
To: <address@hidden>

The first brief (that I know of) on the merits before the Supreme
Court in MGM Studios v. Grokster was filed today (Friday) by the
Video Software Dealers Association. The brief suggests that while
p2p systems may be used for infringing and noninfringing uses,
courts should consider whether technologies may be used to reduce
infringing uses without over-burdening the system provider, 
freedom of speech  for non-infringing uses (including by
copyright owners who want p2p systems to be used to reach their
audiences) or freedom of competition (including first sale
doctrine principles, and competition in providing all
intermediate software and services). Bringing a retailer
perspective, it strikes a balance of respect for copyright and
respect for the limits of those copyrights. The brief is
available  here (in PDF):
http://interactionlaw.com/documentos/MGM_v_Grokster_VSDA_Amicus.pdf.

John
___________________
John T. Mitchell
http://interactionlaw.com


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