Supreme Court to Decide Peer-to-Peer Legality
Today the United States Supreme Court is hearing a landmark case that will represent the final word on whether or not, under current laws, P2P software makers can be held liable for illegal file sharing on their networks.
CNet News reports that justices were critical of the entertainment industry’s position in their questioning:
“What you are suggesting is unlawful expropriation of property as a kind of start-up capital,” said Justice Anthony Kennedy. “From an economic standpoint and legal standpoint, that sounds wrong.”
ABC News offers further insight into the proceedings:
During a lively argument, justices wondered aloud whether such lawsuits might have discouraged past inventions like copy machines, videocassette recorders and iPod portable music players all of which can be used to make illegal duplications of copyrighted documents, movies and songs.
Justice Stephen G. Breyer said the same software that can be used to steal copyrighted materials offered at least conceptually “some really excellent uses” that are legal.
Justice Antonin Scalia maintained that a ruling for entertainment companies could mean that if “I’m a new inventor, I’m going to get sued right away.”
Two previous lower court rulings have already sided with software companies StreamCast Networks (makers of KazzaaMorpheus) and Grokster. The outcome of this case could have far-reaching implications on the interface between intellectual property law, the entertainment industry, and the technology industry.
It may not, however, be the final word. CNet comments that many observers expect the entertainment lobby to take its case to Congress if they lose in the court system. Any ruling on today’s case wouldn’t necessarily preempt laws passed in the future. It will, however, set a precedent one way or the other. Any future law would have to step carefully around a ruling against the entertainment companies or risk getting overturned in the courts based on precedent.
According to Beta News, a final decision on the case is not expected until June. Those wishing to keep tabs on the case may want to bookmark this Google News search.
