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10.18.2004
 Grokster & Cert 
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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Home Page
10.18.2004
 Grokster & Cert 
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

This page is powered by Blogger. Isn't yours?

 

IPcentral WebLog
Blog Main
Recent Posts
  Property Rights & Telecom
The iPod as a New Business Model
Gamesmanship
Linux & Open Source
Forum on Technology and Innovation
Spinning Yarn(s)
IPac
IPI Thoughts on IP
Spyware Legislation
DOJ IP TF Report
Archives by Month
  December 2003
January 2004
February 2004
March 2004
April 2004
May 2004
June 2004
July 2004
August 2004
September 2004
October 2004
November 2004
December 2004
Links
  PFF Blog
Atom.xml Site Feed
   
 
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