Sunday, August 22, 2004
Why the Supreme Court will hear Grokster
Over on Lessig's blog, Tim Wu has enumerated 10 reasons that the Supreme Court is likely to hear the Grokster case:
1. These is a stated legal conflict on the Sony standard as between the 7th and 9th Circuits;Link
2. The 7th and 9th Circuits disagree (albeit in partially in dicta) on the relevance of willful blindness to secondary liability;
4. The Court has these matters in hand: it has granted cert. in many similar cases historically (Sony, 1980s, White-Smith (the Piano Roll case) 1909, Teleprompter and Fortnightly (Cable / Broadcast, 1960s & 1970s);
5. The Court has a vague sense that some far-out stuff is going on in the field of “Computer Law” that maybe it should check out;
6. Law clerks use KaZaA & BitTorrent to plan basketball games;
7. Stevens and Breyer deeply dig this stuff;
8. Scalia likes anything having to do with property;
9. Souter got his first computer last week.And most importantly,
10. The Court loves to be the center of attention, and this would make it so.
posted by Cory Doctorow at 04:25:46 AM permalink | Other blogs' comments












