In Dicta

Tuesday, June 28, 2005

Grokster (Part 2)

Professor Tushnet, of Georgetown University School of Law, has an interesting take on the Grokster opinion. An excerpt:

"This leads into my big questions: What would this opinion really have meant for the VCR? Would “See any TV show you want to, anytime you want to see it” or “build a library” count as enough obvious encouragement of librarying – which was not found to be fair use – to justify a finding of contributory infringement? (I’m still looking for a copy of the “build a library” ad, unfortunately.) What about “any TV show” in the context of pay cable, which again was not analyzed as fair use when the Court looked at time-shifting free broadcast TV?"

Indeed, what many around the blogosphere are saying is: according to the Supreme Court's reasoning, where will it stop? Gun makers, alcohol vendors, car manufacturers, etc., that manufacture products that may be used in illegal or dangerous manners, are they soon to be on the firing line?


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