NEWS

Supreme Court Rules Against Grokster

Written by Justene Adamec
Published June 27, 2005

On the last Monday of June, the United States Supreme Court held that the online file-sharing network, Grokster, can be sued if their users illegally share copyrighted materials over the network. The Court has not ruled that Grokster will be liable for the acts of their users. Cases can go to trial and plaintiff copyright owners will have to prove that Grokster, via their marketing or otherwise, intended to assist their users in copyright violation.

The prospect of defending the huge number of lawsuits likely to result from the acts of Grokster's users will be enough to shut the service down. Grokster will have to revamp their service or give it up.

Other analysis of the Grokster issues:


One of the most important Supreme Court Cases of our lifetimes
Musicians Side With Grokster in Upcoming Supreme Court Case

Justene practices law in downtown LA. To chat about this or other topics, IM Justene.
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Supreme Court Rules Against Grokster
Published: June 27, 2005
Type: News
Section: Music
Filed Under: Music: News, Politics: Law and Rights
Writer: Justene Adamec
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#1 — June 27, 2005 @ 11:52AM — Eric Olsen

huge news Justene, thanks, any thoughts on the legal side of it? How much does this violate Betamax? How much of a change is it to say they can look to the marketing and promotion to determine intent?

#2 — June 27, 2005 @ 13:23PM — nightblunder

Does the ruling by the US Supreme Court mean that now people can sue companies that make products when someone misuses them? Are they like Gorkster also responsible? Also in making these companies responsible in how the customer uses that product? Or a company that makes material for explosives can they be held accountable when a terrorist uses it? Can we sue the movie makers, the distributors, and the marketers when someone goes out and kills several people because the game, the movie or the book influenced them to do what they did. Or did they also make this decision because the movie makers are in the same group that stopped a recount vote from being recounted? Just a couple of questions. Can't sue someone for asking question. Can you?

#3 — June 27, 2005 @ 13:42PM — Craig Lyndall [URL]

Your comment on suing game/movie makers is invalid in this case because Grokster (allegedly) is the tool used to commit the crime. The movies and games are alleged to be influences, but not the actual tools of the crime, in your example, murder.

#4 — June 27, 2005 @ 17:15PM — nightblunder

lol Note taken

#5 — June 27, 2005 @ 17:19PM — nightblunder

Well maybe then with this ruling we can sue the car manufactures, weapon makers and so on. Man oh man this could open a big can of nasty worms

#6 — June 27, 2005 @ 17:22PM — Tan The Man [URL]

I thought we could already sue car makers? REM the Bridgestone screw-up?

#7 — June 27, 2005 @ 17:30PM — nightblunder

Not suing a car Maker for someone using that car in a crime lol

#8 — June 27, 2005 @ 17:53PM — Tan The Man [URL]

Ah... gotcha

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