MGM v. Grokster

Fri, 12/04/2009 - 11:35
Submitted by Lexevia

Mr. Stuart defended StreamCast Networks, the company behind the Morpheus peer-to-peer (P2P) file-sharing software, in an important case decided by the Supreme Court of the United States on June 23, 2005.

Twenty-eight of the world's largest entertainment companies brought the lawsuit against the makers of the Morpheus, Grokster, and KaZaA software products, aiming to set a precedent to use against other technology companies (P2P and otherwise). As we noted in our arguments before the Court, the case raises a fundamental question at the border between copyright and innovation: When should the distributor of a multi-purpose tool be held liable for the infringements that may be committed by end-users of the tool?

The Supreme Court's landmark decision in Sony Corporation of America v. Universal City Studios, Inc. (a.k.a. the "Sony Betamax ruling") found that a distributor cannot be held liable for users' infringement so long as the tool is capable of substantial noninfringing uses. This standard has served innovators, copyright industries, and the public for more than 20 years. Relying on this precedent, the Ninth Circuit ruled that the distributors of Grokster and Morpheus P2P file-sharing software cannot be held liable for users' copyright violations.

The Supreme Court set aside the Ninth Circuit ruling, but it refused to overturn the Betamax doctrine or to force technology companies to redesign multipurpose technologies. Hollywood's main objective thus went unfulfilled.

But rather than clarify the rules for technology innovators, the Supreme Court instead punted on the hard questions by crafting a new doctrine of copyright infringement liability called "inducement." In the wake of the ruling, innovators now have three uncertain copyright doctrines to worry about: inducement, contributory and vicarious (for more on these doctrines, see EFF's white paper, "What P2P Developers Need to Know About Copyright"). This uncertainty will chill innovators, deter investors, and act as a brake on economic growth.


Supreme Court Decision

Supreme Court Oral Argument Transcript

Supreme Court Documents

Reply Briefs of Petitioners

March 18, 2005

Briefs of Respondents (StreamCast, Grokster)

March 1, 2005

Amicus Briefs Supporting Respondents

March 1, 2005

Briefs of Petitioners (entertainment companies)

January 24, 2005

Amicus Briefs Supporting Petitioners

January 24, 2005

Amicus Briefs Neutral as to Result

January 24, 2005

Petition for Certiorari

  • EFF's Brief in Opposition [PDF 343k] of Petition for certiorari. November 8, 2004
  • Computer and Communications Industry Association and Internet Archive's Brief in Opposition [PDF 220k] of Petition for certiorari. November 8, 2004
  • American Intellectual Property Law Association's Brief [PDF 1.6M] in Support of Neither Party. November 8, 2004
  • Roxio, et al's Brief in Support [PDF 1.7M] of certiorari. (Brief includes Roxio, Inc., Musicnet, Inc., Code 7 Entertainment, Inc., Cinemanow, Inc., Sea Blue Media, LLC (d/b/a Cdigix), and Movielink, LLC. Historical note: Roxio is the current owner of the Napster service and brand.) November 8, 2004
  • Progress&Freedom Foundation's Brief in Support [PDF 137k] of certiorari. November 8, 2004
  • Washington Law Foundation's Brief in Support [PDF 1.1M] of certiorari. November 8, 2004
  • Law Professors' Brief in Support [PDF 219k] of certiorari. November 8, 2004
  • States' Brief in Support [PDF 995k] of certiorari. (Brief includes AL, AK, AR, AZ, CO, DE, FL, GA, HI, ID, IL, IN, KS, KY, LA, MA, MI, MO, MS, MT, NE, NC, NV, NJ, NM, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WV, WI, Guam.) November 8, 2004
  • Omnibus Brief in Support [PDF 230k] of certiorari. (Brief includes Office of the Commissioner Of Baseball, National Basketball Association, American Society Of Media Photographers, Professional Photographers Of America, Directors Guild Of America, Writers Guild Of America (West), Screen Actors Guild, Association Of American Publishers, Association Of American University Presses, Producers Guild Of America, Graphic Artists Guild, Entertainment Software Association, Video Software Dealers Association, Interactive Entertainment Merchants Association And Author's Guild Of America.) November 8, 2004
  • NARAS et al's Brief in Support [PDF 787k] of certiorari. (Brief includes National Academy of Recording Arts & Sciences, American Federation of Television and Radio Artists, American Federation of Musicians of the United States and Canada, The Country Music Association, Inc., The Gospel Music Association, the Hip-Hop Summit Action Network, Jazz Alliance International, Inc., and the Rhythm & Blues Foundation.) November 8, 2004
  • International Rights Owners Brief in Support [PDF 182k] of certiorari. November 8, 2004
  • Artists' coalition Brief in Support [PDF 309k] of certiorari. (Coalition includes The Eagles, Brooks & Dunn, The Dixie Chicks, Bonnie Raitt, Sheryl Crow, Babyface, The Grateful Dead, Jimmy Buffet, Patti Loveless, Stevie Nicks, Gavin Rossdale.) November 8, 2004
  • SESAC's Brief in Support [PDF 209k] of certiorari. November 8, 2004
  • ASCAP et al's Brief in Support [PDF 458k] of certiorari (Brief includes ASCAP, BMI, Broadcast Music, Inc., Association of Independent Music Publishers, Church Music Publishers Association, Nashville Songwriters Association International, Songwriters Guild of America.) November 8, 2004
  • MGM et al's Petition for certiorari [PDF 1.07M]. October 8, 2004

Ninth Circuit Appeal Documents

Oral Argument

  • Oral Arguments before the 9th Circuit
    Audio: [WMA 10.4MB | MP3 16.4MB | OGG 16.5MB]
    Transcript available here, courtesy of Groklaw (February 3, 2004)

Briefs

Amicus Briefs supporting Plaintiffs

Amicus Briefs supporting Defendants

District Court Documents

Cross Motions for Summary Judgment

Briefs

Amicus Briefs

Defendants Initial Motion for Summary Judgment

Briefs

Documents relating to Sharman Networks (Kazaa)

Sharman Counter-Claims (Antitrust and Copyright Misuse)

Jurisdiction

Complaints and Answers

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