Fault
lies with companies, not downloaders
By
Vanessa Stumpf
The California Aggie
DAVIS (U-Wire) — A recent Supreme Court decision targeting the technology
that supports illegal file-sharing may soon slim down opportunities for consumers
to download music and movies.
The Supreme Court reached a unanimous decision June 27 in MGM Studios v. Grokster,
ruling in MGM’s favor. The court cited Grokster’s promotion and
aid in the violation of copyrighted materials to its customers.
“One who distributes a device with the object of promoting its use to infringe
copyright … is liable for the resulting acts of infringement by third parties,” Justice
Souter said in last month’s decision.
The court’s decision holds the downloading software responsible for fostering
and encouraging illegal actions instead of the individual user.
James Gibson, a professor at the University of Richmond Law School and director
of the Intellectual Property Institute, said Grokster lured in some of Napster’s
old customers when the company was going down.
Jan Carmikle Dwyer, the UC Davis campus-designated agent for the enforcement
of the Digital Millenium Copyright Act, and a former attorney and computer
programmer, said Grokster was aware of what was going on and didn’t do
anything to stop illegal downloading.
Because it is nearly impossible for entertainment studios like MGM to go after
individuals partaking in file sharing, the courts are making decisions that
effectively put companies such as Grokster out of business.
The case will now go back down to the lower courts, according to Gibson. The
local and state courts will assess the damages Grokster will pay to MGM and
dozens of other entertainment companies.
According to experts, there are other, non-fiscal, ramifications that are not
as tangible which will result from this decision.
“The newly announced inducement theory of copyright liability will fuel
a new generation of entertainment industry lawsuits against technology companies,” said
Fred von Lohmann, a senior staff attorney at the Electronic Frontier Foundation
in a June 27 press release.
Von Lohmann said while he doesn’t expect too much impact from the verdict
at an individual level, because people will continue to download music and
burn CDs regardless of copyright laws, he does see career impacts, especially
for current college students, in the future. |
