Opening arguments started in the FastTrack Case today. Unlike last week when it seemed certain that Sharman Networks lost the argument,this week there was no clear victor.
A lawyer for Fox, Disney and Paramount said in court they (the defendants) have created a place where infringement can take place. While songwriters Jerry Leiber and Mike Stoller were in court and said the p2p services could be a disaster for our culture. Russell J. Frackman, RIAA attorney said they are looking for damages of many many millions. Other arguments by the huge list of plaintiffs (there are over 30 plaintiffs) included telling the judge that this is simply Napster with a tweak that makes downloading easier . They pointed to Grokster board postings and e-mails that they claimed showed the company knew that copyright infringement was going on. In one instance they claimed that Grokster showed people how to download the new Lord of the Rings.
While Steve Griffin, CEO of Streamcast Networks said that Morpheus only provides a way for people to communicate with each other. He latter added I think the judge understands this is a very complex case and is really about the future of the Internet.
Meanwhile Sharman Networks said they had no comment on the case today as it did not concern them. The Judge has yet to decide if Sharman Networks (and LEF Interactive) can be added to the case.
The judge’s comments were welcomed by StreamCast. His comments included questioning how Morpheus and Grokster could be aware of the infringing activities of their users. He also questioned whether these companies have the technological wherewithal to block the exchange of copyrighted works.
The Judge will issue an order soon. The order will be a “Speaking order” which is a process one attorney likened to completing a “rough draft” of an actual decision. A decision could come at any time, however lawyers said it might take a month or more. Expect this case to last a long time.
Sources: Associated Press, Siliconvalley.com and CNet
