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Monday, November 08, 2004 |
The Grokster Case - Once More Into the Breach, Dear Friends (Donna Wentworth).
StreamCast and Grokster have just filed a joint brief [PDF] asking the Supreme Court to leave standing the landmark Ninth Circuit ruling [PDF] that the two peer-to-peer software distributors are not liable for copyright violations by the people who use their software. At stake in the case is the continued vitality of the Betamax doctrine -- what Fred von Lohmann calls the "Magna Carta of the technology industry" because it "makes it clear that innovators need not fear ruinous litigation from the entertainment industry so long as their inventions are 'merely capable of substantial noninfringing uses.'"
The primary arguments are 1.) the Ninth Circuit ruled correctly in light of Betamax, 2.) it ruled consistently with other P2P decisions in federal courts, and 3.) if copyright law needs to be adjusted in light of P2P, that task properly falls to Congress.
Bonus links:
[Copyfight]
10:37:48 PM 
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Communicontent. An essay on how weblogs enbable communication through content:
"Communicontent to me, is a byproduct of communication where traditional content is magically created. As a corollary, the forms of communication that can best be expressed as content almost naturally become communicontent."
"In practical terms, it simply adds more meta-data at the very minimum: a title, a description, a place, etc. But it also gives it an inherent value as well: I think this is important enough to send, therefore you may want to think it's important enough to take time to look at."
[unmediated]
10:36:13 PM
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