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A Bow to Innovation: The Supreme Court's Decision in MGM v. Grokster
The Supreme Court's recent decision in Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., ___ U.S. ___, 125 S.Ct. 2764, 75 U.S.P.Q.2d 1001 (2005) is noteworthy for the Court's decision to sidestep modifying the standard that the Court set in the Sony case in 1984 as to when a product distributor can be liable for infringing uses of its product. Although the Supreme Court was faced with compelling arguments from copyright owners and the technology industry alike both for and against modifying the standard in Sony Corp. v. Universal City Studios, 464 U.S. 417 (1984), it ultimately found that Grokster and its co-defendant StreamCast could be liable for infringing downloads, not because they distributed a product that was used to infringe copyrights, but because they took the additional step of actively inducing their users to download copyrighted material. In so doing, the Supreme Court avoided deciding whether it was appropriate that a mere distributor of a product “capable of substantial noninfringing use” should avoid liability even when its product is being used for massive copyright infringement.
Grokster and StreamCast had prevailed at both the district court level, Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 259 F. Supp. 2d 1029 (C.D. Cal. 2003), and in the Ninth Circuit Court of Appeals, Metro-Goldwyn-Mayer Studios, Inc. v. Grokster Ltd., 380 F.3d 1154 (9th Cir. 2004), by relying on the Sony standard. The Supreme Court derived that standard in 1984 from Section 271(c) of the Patent Act (35 U.S.C. '271(c)), which exempts from liability one who distributes a “staple article of commerce” if the product is used to infringe. Applying that same standard to copyright law, the Court held that Sony was not liable for infringing uses because the Betamax recorder was capable of being used for noninfringing “time shifting,” which the Court found to be a fair use.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.