[ EEPI-Discuss ] Grokster may not have all the pernicious consequences ascribed to it

[Bob Weber <Weber@strategykinetics.com>]

I'm not so sure that Grokster will have all the negative consequences 
ascribed and for three reasons.

First, Justice Ginsburg in her concurring opinion (joined by Chief Justice 
Rhenquist and Justice Kennedy) says that this decision is about the way in 
which Grokster and Streamcast promoted their software as tools for 
infringement. See my blog at:
http://www.managingrights.com/2005/06/justice_bader_s.html

Second, it would seem that new companies could market P2P software for 
non-infringing uses and even if used for infringing uses, they might fall 
within the walls of Universal (Betamax). These new entrants would probably 
have to be most disciplined in terms of internal memos, conversations, etc. 
and not extoll the virtues of their products for infringing uses.

Lastly, the case was remanded for trial or for summary judgement in favor 
of the plaintiffs. We'll have to wait to see how this plays out.

Managing Director, Strategy Kinetics, LLC
50 Watertown Street, Ste 607
Watertown, MA 02472-2533
Voice: 617-308-3336  Fax: 617-812-0443
www.managingrights.com
www.strategykinetics.com


 [ While the decision itself is targeted somewhat
   specifically, it seems likely that the "chilling" effect
   will be much broader, as all manner of entities decide that
   it's just too risky to chance getting involved with file sharing
   or related technologies at all.  We shall see.

            -- Lauren Weinstein (EEPI-Discuss Moderator) ]

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