Grokster/Morpheus Hearing Recap

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.

Comments

Key quote that may explain the judge's opinion

[blorg]

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

Re:Court-ster

[Txiasaeia]

"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!