[Commons-Law] MGM v. Grockster et al | P2P File Sharing | Court Judgment
Mukund Dhar | NLSIU
mukund at nls.ac.in
Tue Apr 29 04:06:13 IST 2003
Dear all,
Hi. For those of your who are interested, you can d/l Judge Wilson's 34
page order DENYING summary relief sought by RIAA, Motion Picture Chappies
and others.
http://news.findlaw.com/hdocs/docs/mgm/mgmgrokster42503ord.pdf
Its quite interesting. Especially the entire discussion he has on the
issue of whether Grockster is actively facilitating infringement or
whether they COULD have done anything to prevent the same.
Its going up in appeal, and I feel its on this point the the appeal court
will disagree with Judge Wilson. He concludes that there was no direct
contribution to the infringement and nothing that could have been done to
prevent the same. He's relied on, in part, the SONY - VCR decision.
Its on this part the the appeal judge will differ. He will say that much
more could have been done to curtail infringing use of the software.
Me thinks. I guess !
Mukund
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