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Grokster/Morpheus Hearing Recap

Posted by michael on from the betamax-looming-large dept.

TrentC writes "An article in The Mercury News reports that Senior Judge John T. Noonan, hearing arguments in the Morpheus/Grokster case (yes, it's still going!), scolded one of the attorneys for the recording industry for 'using abusive language' in referring to P2P networks as 'trafficking in pirated goods'. Noonan also questioned, in response to a claim that a study showed that 90% of the 750 million files shared on Morpheus was illegally distributed files, if the other 10% -- consisting of public-domain works, recordings of public performances and works where the copyright holders have granted permission -- consisted of enough non-infringing use to meet the criteria set forth in the famous Betamax decision. Maybe 2004 will be 'The Year The Courts Get It Right'?" We mentioned this hearing a few days ago. The EFF has audio of the hearing and case documents available. Since this case will likely decide the general legality of P2P services, it could be quite important.

6 of 170 comments (clear)

  1. Groklaw by tr0llb4rt0 · · Score: 3, Informative

    http://www.groklaw.net/article.php?story=200402050 05057966

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    Worst .sig ever!
  2. Key quote that may explain the judge's opinion by blorg · · Score: 5, Informative

    "Judge Sidney R. Thomas, [is] regarded as among the most technologically astute of the 9th Circuit judges"

  3. Re:Court-ster by Txiasaeia · · Score: 5, Informative
    "So how about this: what if a major company decided to use a p2p network as it's MAJOR outlet for file distribution. Say, a shareware program or game demo. This would be proof that p2p file-sharing programs are not exclusively used as "stolen-goods" transfers, it is a mainstream sharing network for permissable transfers. That would blow these cases wide open, as the judges are just looking for a reason to refer to Betamax here."

    This has already happened -- Atari used Kazaa (normal) to distribute Temple of Elemental Evil; you could "unlock" the demo version to get the full version by buying it online. Hope this helps!

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    Condemnant quod non intellegunt.
  4. Re:Court-ster by One+Louder · · Score: 3, Informative

    Just this last week, Lindows.com started officially distributing their "live" CD ISOs over P2P networks.

  5. Re:Where did they get their stats? by FuzzyBad-Mofo · · Score: 3, Informative

    Lack of good 'free' Windows software to do so? I haven't found any yet.

    CDex is pretty good. Supports MP3, Vorbis, ect.

  6. I can't believe noone has posted this groklaw link by onceler · · Score: 4, Informative
    The story on Groklaw

    Includes the exact quote from the judge:

    "Let me say what I think your problem is. You can use these harsh terms, but you are dealing with something new, and the question is, does the statutory monopoly that Congress has given you reach out to that something new. And that's a very debatable question. You don't solve it by calling it 'theft.' You have to show why this court should extend a statutory monopoly to cover the new thing. That's your problem. Address that if you would. And curtail the use of abusive language."
    Good to see at least one judge "gets it".