<i>Grokster</i>: Money For Nothing
August 18, 2005
The recording industry was dancing to the sweet music of victory in June, when the U.S. Supreme Court unanimously ruled in its favor in <i>MGM Studios Inc. v. Grokster</i>. But a post-verdict depression may be on the way, if the results of <i>IP Law & Business</i>'s informal survey of 38 IP lawyers and professors are any indication.
Inducement Theory In <i>Grokster </i>Leaves Unanswered Questions
August 18, 2005
In <i>MGM Studios, Inc. v. Grokster</i>, the Supreme Court decided that the defendants could be held liable for copyright infringement perpetrated by the users of their respective software. Rather than clarifying the "significant non-infringing use" standard from <i>Sony Corp. of America v. Universal City Studios, Inc.</i>, to determine whether the defendants could be held liable for distributing a product with knowledge that it could be used to infringe, the Court utilized an alternative approach of finding liability. Turning to common law precedent and patent law, the unanimous Court held that liability may be based on purposeful, culpable expression under an inducement theory of secondary infringement. While some of the potential implications of this decision can be predicted, the full effect will not likely be clear for some time.
'Unanimous' Vote In <i>Grokster</i> Has Split Views
August 18, 2005
The future direction of digital technologies was on the line when the U.S. Supreme Court heard arguments in March over peer-to-peer (P2P) file-sharing software. And few were predicting that the Justices would easily reach their decision. Given the difficult copyright law and policy issues in the case, it seemed highly unlikely that the Justices could all agree. But 3 months after oral arguments, the Court surprised many observers by issuing a unanimous decision ' at least as to the main holding.
Steering e-Discovery's Course
August 03, 2005
A group of vendors, attorneys and other electronic-discovery services "consumers" hopes to use public input to develop a reference model that would help set e-discovery standards and guidelines.
Preparing Temporary Attorneys For An Online Repository Review
August 03, 2005
Training large document-review teams to consistently apply specified review criteria to millions of pages of often mind-numbingly dull documents has long been a challenge for counsel. The time- and cost-savings offered by online review tools, along with the enhanced automated quality control features of such tools, have made electronic review an increasingly compelling option for large-scale, time-pressured document reviews. While electronic-document review projects have become more common in the last few years, setting up the project and training attorneys in preparation for review remains challenging.
MGM v. Grokster: Inducement Theory Leaves Unanswered Questions
July 29, 2005
In <i>MGM Studios, Inc. v. Grokster, Ltd.</i>, No. 04-480 (June 27, 2005), the Supreme Court decided that the defendants could be held liable for copyright infringement perpetrated by the users of their respective software. Rather than clarifying the "significant noninfringing use" standard from <i>Sony Corp. of America v. Universal City Studios, Inc.</i>, 464 U.S. 417 (1984), to determine whether the defendants could be held liable for distributing a product with knowledge that it could be used to infringe, the Court utilized an alternative approach of finding liability. Turning to common law precedent and patent law, the unanimous Court held that liability may be based on purposeful, culpable expression under an inducement theory of secondary infringement. While some of the potential implications of this decision can be predicted, the full effect will not likely be clear for some time.
<b>Practice Tip:</b> Network On The Go
July 28, 2005
It seems like wireless, or Wi-Fi, hot spots are popping up everywhere, except in the very places where you need them most ' like hotel rooms. After a long day of dealing with flights and rental cars and out-of-town meetings, you want to be comfortable. But you still have a handful of e-mails that need replies before you retire. But to get online, you practically have to chain yourself to a cold hotel room desk. Wouldn't it be great if you could lounge on the bed or sit on the balcony? <br>A new breed of tiny, portable wireless routers have appeared on the scene in the last few months to help you realize that very scenario.
Preparing Temporary Attorneys For An Online Repository Review
July 28, 2005
Training large document-review teams to consistently apply specified review criteria to millions of pages of often mind-numbingly dull documents has long been a challenge for counsel. The time- and cost-savings offered by online review tools, along with the enhanced automated quality control features of such tools, have made electronic review an increasingly compelling option for large-scale, time-pressured document reviews. While electronic-document review projects have become more common in the last few years, setting up the project and training attorneys in preparation for review remains challanging.
EU and U.S. Data Regulations
July 28, 2005
You have likely already read a great deal more about the implications and requirements of Sarbanes Oxley (SOX) legislation than you would have otherwise liked. The new reporting, data retention and accountability regulations are of obvious import both legally and financially. What is of equal interest, however, for firms that are either multinational or do business overseas is the conceptual differences between this recent U.S. legislation and privacy legislation and regulations adopted in the EU. Essential in understanding where U.S. and EU data regulations conflict or compliment each other is understanding the root motivations behind each set of rules.
Issues in Licensing Music for Podcasts
July 28, 2005
Even amateur podcasters know that there are legal concerns with podcasting music. As the law stands now, a podcaster must secure permission for every copyrighted sound-recording master. This would be extremely time-consuming and expensive ' even for NPR, let alone individual podcasters. On the other hand, acquiring the rights to use the songs embodied in podcasts may not be as big a problem because the statutory compulsory license applicable to the mechanical reproduction of musical compositions probably applies to podcasts. In addition, blanket public-performance licenses are already offered by ASCAP, BMI and SESAC.
