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10.18.2004
Grokster & Cert
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Back in August, Prof. Tim Wu of UVA posted on Larry Lessig's blog the reasons why he thinks the Supreme Court will decide to hear the Grokster case. He says:
My guess is yes, for 7 reasons, ranging from the more to less legal:
1. These is a stated legal conflict on the Sony standard as between the 7th and 9th Circuits; 2. The 7th and 9th Circuits disagree (albeit in partially in dicta) on the relevance of willful blindness to secondary liability; 3. The Court has these matters in hand: it has granted cert. in many similar cases historically (Sony, 1980s, White-Smith (the Piano Roll case) 1909, Teleprompter and Fortnightly (Cable / Broadcast, 1960s & 1970s); 4. The Court has a vague sense that some far-out stuff is going on in the field of 'Computer Law' that maybe it should check out; 5. Law clerks use P2P technology to plan basketball games; 6. JJs. Stevens and Breyer deeply dig this stuff;
And most importantly,
7. The Court loves to be the center of attention, and this would make it so.
posted by James DeLong : 10/18/2004 01:16:08 PM
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