Supreme Court Standards for Peer-to-Peer and Beyond

The upcoming ruling on copyright infringement in P-to-P networks will have important implications for future technology development.

Although some people may not like it, copyright laws and regulations exist. Those who engage in mass copying and distribution of copyrighted works typically must pay licensing fees, or at least enter into an agreement with the owner of the content. That makes the free, unauthorized trading of massive numbers of music or video files over peer-to-peer networks illegal.

So far, the situation is clear.


What is not clear is the circumstances under which a technology company should be held liable if its product can be used to violate copyright restrictions. What standard should be used to judge this liability? How can one craft that standard so that the threat of liability is not so broad that it discourages beneficial technological innovation?


These are the questions before the United States Supreme Court now as it considers the case of Metro-Goldwyn-Mayer Studios and many assorted entertainment companies and artists versus Grokster and other peer-to-peer software companies.


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