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Expert Analysis

Grokster Decision Muddies Waters In Copyright Law

By Marius Meland (June 28, 2005, 12:00 AM EDT) -- In delivering its highly anticipated decision in MGM v. Grokster, the High Court sent mixed messages to technology companies.  In reversing the Ninth Circuit's decision (and effectively the trial court), which had upheld summary judgment in favor of the on-line file sharing services Grokster and Streamcast, the Court held that technology distributors could be liable for the acts of their infringing customers if the distributors do so "with the object of promoting its [the technology's] use to infringe copyright, as shown by clear expression of other affirmative steps taken to foster infringement."  (Maj. Opinion at p.19)....

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