StreamCast Networks — the distributor of the file-sharing program Morpheus — and Grokster fight for their technological lives today in the United States Supreme Court, which will hear a case in which major record companies, movie studios, and music publishers demand that the two companies be held liable for their customers’ piracy. The plaintiffs claim that StreamCast and Grokster are “bad actors” that have created a market for illegal copies of songs and movies. Lawyers for the plaintiffs added that a company should be liable for its customers’ piracy when piracy is the product’s “principal or primary use.”
Supporters of the defendants hope that the Court will reaffirm the famous 1984 Betamax case, in which the Court balanced technological advancement with the potential for its abuse. Dallas Mavericks’ owner Mark Cuban quipped: “Software doesn’t steal content, people steal content.” The Los Angeles Times reports:
How the court rules could shape the digital evolution of entertainment and technology, industries that have long been uneasy partners. A win for StreamCast and Grokster could force the studios and labels to work with their file-sharing nemeses or redouble their attacks on individual downloaders, more than 9,000 of whom have already been sued. A win for the entertainment companies could make entrepreneurs and investors balk at developing new entertainment and communications technologies.
However the case turns out, the loser is widely expected to take the issue straight to Congress, where lawmakers have struggled to reach consensus on online piracy.
The case has driven a wedge between two groups — large-scale copyright holders and technological innovators — whose works and ideas receive special protection under federal law. Both sides contend that they have as much or more at stake as they did when the court took up two studios’ lawsuit against Sony Corp. over the Betamax home video recorder.
The Betamax was the first device that television viewers could use to record broadcasts or play prerecorded programs. Ultimately embraced by Hollywood, such video cassette recorders spawned the multibillion-dollar home video industry.
Nathan Novak at 12:30 pm
I this this is some BS. Those who are claiming to be victims of Entertainment Piracy are just looking for a medium to blame. Mark Cuban already said it, “Software doesn’t steal content, people steal content.” Those focused on sueing StreamCast should invest their money on anti-piracy softwares and law firms.
Comment by bLunT — March 28, 2005 @ 1:41 pm