Supremes down P2P software makers in unanimous decision
The US Supreme Court has ruled unanimously against P2P sites Grokster and StreamCast.
The ruling means that developers of P2P software can be held liable for their users' actions and that the software makers must work to prevent the distribution of copyrighted material. The P2P firms had argued that their software can be used for numerous non-infriging uses, making it legal under an older ruling protecting devices like the VCR.
"We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by the clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties," Justice David H. Souter wrote.
This decision sends the case back to a lower court. Two courts had already sided with the P2P makers over the music and movie studios.
The court did not buy into the argument that ruling against P2P software makers could prove chilling to technology development. Many feared that such a decision could eventually affect devices like MP3 players and other types of new software.
The media companies contested such logic, saying that P2P software was primarily used to swap copyrighted material, and the Supreme Court agreed.
"The record is replete with evidence that from the moment Grokster and StreamCast began to distribute their free software, each one clearly voiced the objective that recipients use it to download copyrighted works, and each took active steps to encourage infringement," Souter wrote.
It's not immediately clear how the Supreme Court used the 1984 Sony decision in its ruling. The landmark Sony case has long been embraced by technology companies who argue that while their devices can be used for illegal means, they also have many legitimate uses.
The US Supreme Court has ruled unanimously against P2P sites Grokster and StreamCast.
The ruling means that developers of P2P software can be held liable for their users' actions and that the software makers must work to prevent the distribution of copyrighted material. The P2P firms had argued that their software can be used for numerous non-infriging uses, making it legal under an older ruling protecting devices like the VCR.
"We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by the clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties," Justice David H. Souter wrote.
This decision sends the case back to a lower court. Two courts had already sided with the P2P makers over the music and movie studios.
The court did not buy into the argument that ruling against P2P software makers could prove chilling to technology development. Many feared that such a decision could eventually affect devices like MP3 players and other types of new software.
The media companies contested such logic, saying that P2P software was primarily used to swap copyrighted material, and the Supreme Court agreed.
"The record is replete with evidence that from the moment Grokster and StreamCast began to distribute their free software, each one clearly voiced the objective that recipients use it to download copyrighted works, and each took active steps to encourage infringement," Souter wrote.
It's not immediately clear how the Supreme Court used the 1984 Sony decision in its ruling. The landmark Sony case has long been embraced by technology companies who argue that while their devices can be used for illegal means, they also have many legitimate uses.
