wessman
June 9th, 2003, 06:23 PM
EFF Asks Court to Uphold Betamax in Aimster Case
EFF and twelve other public interest, technology industry, and library organizations asked the 7th Circuit Court of Appeals to uphold the important Sony "Betamax" doctrine in a friend-of-the-court brief filed on May 31 in the Aimster peer-to-peer software litigation. In a landmark 1984 decision called Sony Corporation v. Universal Studios, Inc., the U.S. Supreme Court ruled that creators and distributors of technology could not be held liable under copyright law as long as a technology was capable of substantial non-copyright-infringing uses. Known as the "Betamax doctrine" because the decision upheld Sony's right to sell Betamax video recorders, the court's decision has guided technological innovation for almost two decades.
Aimster (now called Madster) was one of several P2P software companies sued by entertainment industry copyright owners for contributory and vicarious copyright infringement following the defeat of Napster in 2001. The copyright owner plaintiffs obtained an injunction from the district court of the Northern District of Illinois in 2002 to prevent Aimster from distributing its P2P software. That decision is on appeal to the 7th Circuit, and oral argument was held on June 4, 2003.
The following organizations joined EFF on the Amicus brief: American Association of Law Libraries, American Library Association, American Research Libraries, Computer & Communications Industry Association, Consumer Electronics Association, Digital Future Coalition, Grokster, Ltd., Home Recording Rights Coalition, Music Library Association, Net Coalition, Public Knowledge and Streamcast Networks, Inc.
EFF is pleased that so many organizations joined to support preservation of the important Sony-Betamax doctrine. Unfortunately, the 7th Circuit Court of Appeals declined to accept the Amicus brief. While this was a disappointing outcome, EFF looks forward to future opportunities to raise these important issues before the courts.
The Amicus brief is available at:
http://www.eff.org/IP/P2P/MGM_v_Grokster/20030529_aimster-amicus.php
EFF's archive on the MGM v. Grokster is here:
http://www.eff.org/IP/P2P/MGM_v_Grokster/
The Public Domain Enhancement Act needs your support:
http://www.PetitionOnline.com/eldred/petition.html
Digital Remix: Wonderful 3-part look at the intersection of music and technology by News.com's John Borland:
http://rss.com.com/2009-1027-1009395.html
EFF and twelve other public interest, technology industry, and library organizations asked the 7th Circuit Court of Appeals to uphold the important Sony "Betamax" doctrine in a friend-of-the-court brief filed on May 31 in the Aimster peer-to-peer software litigation. In a landmark 1984 decision called Sony Corporation v. Universal Studios, Inc., the U.S. Supreme Court ruled that creators and distributors of technology could not be held liable under copyright law as long as a technology was capable of substantial non-copyright-infringing uses. Known as the "Betamax doctrine" because the decision upheld Sony's right to sell Betamax video recorders, the court's decision has guided technological innovation for almost two decades.
Aimster (now called Madster) was one of several P2P software companies sued by entertainment industry copyright owners for contributory and vicarious copyright infringement following the defeat of Napster in 2001. The copyright owner plaintiffs obtained an injunction from the district court of the Northern District of Illinois in 2002 to prevent Aimster from distributing its P2P software. That decision is on appeal to the 7th Circuit, and oral argument was held on June 4, 2003.
The following organizations joined EFF on the Amicus brief: American Association of Law Libraries, American Library Association, American Research Libraries, Computer & Communications Industry Association, Consumer Electronics Association, Digital Future Coalition, Grokster, Ltd., Home Recording Rights Coalition, Music Library Association, Net Coalition, Public Knowledge and Streamcast Networks, Inc.
EFF is pleased that so many organizations joined to support preservation of the important Sony-Betamax doctrine. Unfortunately, the 7th Circuit Court of Appeals declined to accept the Amicus brief. While this was a disappointing outcome, EFF looks forward to future opportunities to raise these important issues before the courts.
The Amicus brief is available at:
http://www.eff.org/IP/P2P/MGM_v_Grokster/20030529_aimster-amicus.php
EFF's archive on the MGM v. Grokster is here:
http://www.eff.org/IP/P2P/MGM_v_Grokster/
The Public Domain Enhancement Act needs your support:
http://www.PetitionOnline.com/eldred/petition.html
Digital Remix: Wonderful 3-part look at the intersection of music and technology by News.com's John Borland:
http://rss.com.com/2009-1027-1009395.html