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March 30, 2005
The Great Legal Adventure of Our Time
The EFF arrived at the US Supreme Court yesterday to support Grokster as they duke it out with MGM. They're blogging the event as it happens, and progress is going well it seems. From today's update:
At the oral arguments in MGM v. Grokster before the Supreme Court today, it was hard to tell which side a majority of the justices fell on. But one thing was clear: they were asking the right questions.
Over and over, the justices hammered the lawyer for the RIAA and MPAA with questions about the potential impact of a ruling in their favor against small inventors -- the "guy in the garage" as Justice David Souter put it. Justice Stephen Breyer also grilled MGM's attorney about whether lawyers who advise technologists -- for example, the inventor of the next iPod -- could give any assurance at all to their clients under MGM's rule that he would not be sued at some point down the road for copyright infringement.
Justice Scalia was also skeptical of the plaintiffs' arguments, questioning whether their proposed "primary use" test made any sense, given that the balance of lawful versus unlawful uses of technology are constantly changing.
Posted by Piers on March 30, 2005 at 03:31 AM
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