From the cni-copyright list:
The first brief on the merits before the Supreme Court in MGM Studios v.
Grokster was filed Friday, January 21, by the Video Software Dealers
Association. The brief suggests that while p2p systems may be used for
infringing and noninfringing uses, courts should consider whether
technologies may be used to reduce infringing uses without over-burdening
the system provider, freedom of speech for non-infringing uses (including
by copyright owners who want p2p systems to be used to reach their
audiences) or freedom of competition (including first sale doctrine
principles, and competition in providing all intermediate software and
services). Bringing a retailer perspective, it strikes a balance of respect
for copyright and respect for the limits of those copyrights. The brief is
available (in PDF) at http://interactionlaw.com/id5.html and at
http://www.vsda.org/Resource.phx/vsda/government/positionstatements/grokster
.htx.
Amalyah Keshet
Head of Image Resources & Copyright Management
The Israel Museum, Jerusalem
Chairperson, MCN IP SIG
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