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MGM Concedes Some Fair-Use Rights Exist

Posted by timothy on from the how-very-gracious-of-them dept.

jambarama writes "MGM seems to have given a little in the Grokster case. After getting nailed on the possible implications of banning P2P software, they've now admitted it is perfectly legal to rip one's own CD and store it. Is this a return to the stripped down 'fair use' rights or a temporary court concession?"

4 of 417 comments (clear)

  1. Re:Completely meaningless statement by jasomill · · Score: 5, Informative
    There is no such thing as "judicial estoppel". If he meant collateral estoppel or res judicata, those only apply to rulings by the court, not statements made in court.

    judicial estoppel. Estoppel that prevents a party from contradicting previous declarations made during the same or a later proceeding if the change in position would adversely affect the proceeding or constitute a fraud on the court. --- Also termed doctrine of preclusion of inconsistent positions; doctrine of the conclusiveness of the judgment.

    --- Black's Law Dictionary, Seventh Edition
  2. Re:Thank you, MGM by Fjornir · · Score: 5, Informative
    opps, wait a minute, Privacy isn't expressly listed in the Constitution either.

    You missed the part about "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches..." I take it?

    --
    I want a new world. I think this one is broken.
  3. Re:Thank you, MGM by xgamer04 · · Score: 5, Informative

    Privacy isn't expressly listed in the Constitution either.

    From the US Constitution:

    Article the fifth [Amendment III]

    No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

    Article the sixth [Amendment IV]

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    --
    When you look at the state of the world, how can you not become a radical, liberal anarchist?
  4. MGM OKs Ripping [Re:Thank you, MGM] by chronicon · · Score: 5, Informative
    Once the case is over MGM can always go back to claiming otherwise

    No they can't, according to this article:

    ...if they actually win this case they ll be barred from challenging ripping in the future under the doctrine of judicial estoppel.

    This is a very important point. They cannot have it both ways--whether they like it or not. They have let the proverbial cat out of the bag.