US: Ninth Circuit Declares Grokster, Morpheus Not Liable for Infringement

September 2004

Record Labels, Internet, Music Publishers

The Ninth Circuit Court of Appeals made a crucial decision in support of technology innovators by declaring that distributors of the peer-to-peer software Grokster and Morpheus cannot be held liable for the infringing activities of their users. The Electronic Frontier Foundation argued on behalf of Streamcast, the creators of the Morpheus software, in a case that pitted dozens of entertainment conglomerates against two small software companies.
The Ninth Circuit decision is based in part on the fact that P2P networks have significant non-infringing uses, and that they can help artists earn money. The ruling is similar to the Supreme Court’s decision in the 1984 Betamax case, which determined that Sony was not liable for copyright violations by users of the Betamax VCR.
“Today’s ruling will ultimately be viewed as a victory for copyright owners. As the court recognized today, the entertainment industry has been fighting new technologies for a century, only to learn again and again that these new technologies create new markets and opportunities,” said EFF Senior Intellectual Property Attorney Fred von Lohmann. “There is no reason to think that file sharing will be any different.” The court’s decision was unanimous.
It is likely that the entertainment companies will appeal the Ninth Circuit’s decision to the Supreme Court.

See EFFector Vol. 17, No. 30 August 19, 2004.

Law Updates June 2004 (Dutch Court Clears Search Engine of Infringement)
Law Updates February 2004 (Dowloading is Legal in Canada)
Law Updates June 2003 (RIAA v Morpheus & Grokster)
Law Updates February 2003 (RIAA v Aimster)

No Comments

Comments are closed.