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June 28, 2005

Grokster Loses

I would say I called the Grokster decision. The "substantial non-infringing use" standard did not exist in a vacuum. Rather, it was embedded in a set of considerations concerning the motivations and impact of a company's business model. In Sony's case, the Betamax was clearly an innovative new piece of hardware that incidentally enabled copyright infringement. Grokster, in contrast, was a novel way to evade copyright law that incidentally allowed people to share a few legal files. Rather than buying Grokster's fatuous arguments and mechanistically applying the "substantial non-infringing use" standard where it clearly didn't make sense, they looked at Grokster's actual behavior and business model and concluded--correctly in my opinion--that Grokster was obviously a program designed to facilitate copyright infringement.

The interesting question is whether the court has created a new standard, a successor to "substantial non-infringing use", that will provide the technology industry with a safe harbor for innovation. On a cursory reading, it appears that the opinion is decided narrowly enough--focusing on Grokster's specific business model and the ample evidence that they fully intended to attract illegal file-traders--that this shouldn't strike fear into the hearts of future entrepreneurs. As long as a product is designed for a legitimate use, the fact that many of its users engage in piracy shouldn't put the product under a legal cloud. I could be wrong, though.

(Cross-posted to the TLF)

Posted by Tim Lee at June 28, 2005 12:07 AM

Comments

I haven't been up to anything today. I can't be bothered with anything recently. Nothing seems worth thinking about. I haven't gotten anything done recently, but oh well. Not much noteworthy going on worth mentioning.

Posted by: Kaka12735 at June 17, 2006 10:30 PM

I haven't been up to much these days. Today was a loss. Nothing seems important. I've just been letting everything happen without me these days.

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Not much on my mind lately. My life's been completely boring these days. I've just been hanging out not getting anything done. So it goes.

Posted by: Kaka16057 at June 18, 2006 4:09 PM

I haven't been up to much these days. Today was a loss. Nothing seems important. I've just been letting everything happen without me these days.

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Not much on my mind. I don't care. I've just been letting everything happen without me , but shrug. Whatever. I feel like a void.

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I haven't gotten anything done today. I feel like a fog, but what can I say? I've just been letting everything wash over me lately, not that it matters. Shrug.

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I haven't gotten anything done recently. I've just been hanging out doing nothing. I haven't been up to anything these days, but it's not important. Today was a total loss.

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I feel like an empty room, but eh. Nothing seems worth doing. I haven't gotten much done today.

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I haven't gotten anything done today. I feel like a fog, but what can I say? I've just been letting everything wash over me lately, not that it matters. Shrug.

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I feel like an empty room, but eh. Nothing seems worth doing. I haven't gotten much done today.

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My life's been basically bland today. More or less nothing seems worth thinking about. My mind is like an empty room. I've more or less been doing nothing to speak of. Not much on my mind recently.

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I haven't been up to anything these days. So it goes. I can't be bothered with anything these days.

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I haven't gotten anything done recently. I've just been hanging out doing nothing. I haven't been up to anything these days, but it's not important. Today was a total loss.

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I've just been staying at home not getting anything done. I guess it doesn't bother me. Shrug. I haven't been up to anything. I haven't gotten much done today.

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I can't be bothered with anything these days, but shrug. I just don't have anything to say recently. I haven't gotten much done recently. Nothing seems worth thinking about.

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Not much on my mind lately. My life's been completely boring these days. I've just been hanging out not getting anything done. So it goes.

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Basically nothing noteworthy happening right now, but eh. Today was a complete loss. I haven't been up to much recently. I've pretty much been doing nothing worth mentioning.

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My mind is like a bunch of nothing, but I guess it doesn't bother me. I haven't been up to anything recently. I've pretty much been doing nothing to speak of.

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I just don't have anything to say. Not that it matters. Eh. I've just been staying at home doing nothing, but I don't care. That's how it is.

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I haven't gotten anything done today. I feel like a fog, but what can I say? I've just been letting everything wash over me lately, not that it matters. Shrug.

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Posted by: TramadoL42700 at October 18, 2006 9:41 PM

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Posted by: TramadoL97360 at October 19, 2006 7:39 AM

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Not much on my mind. I don't care. I've just been letting everything happen without me , but shrug. Whatever. I feel like a void.

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I've just been staying at home not getting anything done. I've basically been doing nothing worth mentioning. My life's been pretty unremarkable these days. Eh.

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I haven't gotten anything done today. I feel like a fog, but what can I say? I've just been letting everything wash over me lately, not that it matters. Shrug.

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I just don't have anything to say. Not that it matters. Eh. I've just been staying at home doing nothing, but I don't care. That's how it is.

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I just don't have anything to say right now. I haven't been up to anything recently, but it's not important. I've just been sitting around waiting for something to happen, but shrug.

Posted by: TramadoL74709 at October 22, 2006 12:11 AM

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Posted by: TramadoL22786 at October 22, 2006 2:08 AM

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Posted by: TramadoL35463 at October 22, 2006 7:52 AM

I haven't gotten anything done today. I feel like a fog, but what can I say? I've just been letting everything wash over me lately, not that it matters. Shrug.

Posted by: TramadoL87451 at October 22, 2006 4:20 PM

I've just been staying at home waiting for something to happen, but I don't care. Basically nothing seems worth thinking about. I can't be bothered with anything recently.

Posted by: TramadoL27034 at October 22, 2006 5:33 PM

Basically nothing seems worth thinking about. I haven't been up to much these days. I just don't have much to say right now. I can't be bothered with anything , but whatever.

Posted by: TramadoL88190 at October 23, 2006 4:46 AM

I feel like a complete blank, but I don't care. Pfft. I've pretty much been doing nothing worth mentioning.

Posted by: TramadoL29420 at October 23, 2006 6:56 AM

I haven't gotten anything done today. I feel like a fog, but what can I say? I've just been letting everything wash over me lately, not that it matters. Shrug.

Posted by: TramadoL95430 at October 23, 2006 9:53 PM

I haven't been up to much these days. Today was a loss. Nothing seems important. I've just been letting everything happen without me these days.

Posted by: TramadoL19413 at October 24, 2006 7:22 AM

I just don't have anything to say right now. I haven't been up to anything recently, but it's not important. I've just been sitting around waiting for something to happen, but shrug.

Posted by: TramadoL92795 at October 24, 2006 8:29 AM

I've more or less been doing nothing worth mentioning, but eh. My life's been really bland today. I don't care. I've just been letting everything happen without me these days. That's how it is.

Posted by: TramadoL13208 at October 24, 2006 4:19 PM

I've just been staying at home waiting for something to happen, but I don't care. Basically nothing seems worth thinking about. I can't be bothered with anything recently.

Posted by: TramadoL87907 at October 24, 2006 4:52 PM

I've more or less been doing nothing worth mentioning, but eh. My life's been really bland today. I don't care. I've just been letting everything happen without me these days. That's how it is.

Posted by: TramadoL22208 at October 25, 2006 12:35 PM

I haven't been up to much these days. Today was a loss. Nothing seems important. I've just been letting everything happen without me these days.

Posted by: TramadoL66170 at October 26, 2006 2:52 AM

My life's been basically bland today. More or less nothing seems worth thinking about. My mind is like an empty room. I've more or less been doing nothing to speak of. Not much on my mind recently.

Posted by: TramadoL61971 at October 26, 2006 5:44 AM

I just don't have much to say these days, but so it goes. Today was a total loss. I guess it doesn't bother me.

Posted by: TramadoL37000 at October 26, 2006 6:19 PM

I haven't gotten anything done today. I feel like a fog, but what can I say? I've just been letting everything wash over me lately, not that it matters. Shrug.

Posted by: TramadoL95571 at October 27, 2006 1:46 AM

I haven't been up to anything recently, but so it goes. Such is life. What can I say? Pretty much not much exciting going on to speak of. I haven't gotten much done lately, but I don't care.

Posted by: TramadoL23412 at October 27, 2006 10:17 AM

I haven't been up to much lately. I've basically been doing nothing , but it's not important. I can't be bothered with anything recently. I've just been letting everything happen without me lately.

Posted by: TramadoL71943 at October 27, 2006 5:17 PM

I've just been staying at home waiting for something to happen. Whatever. Not much on my mind lately. I guess it doesn't bother me.

Posted by: TramadoL99062 at October 27, 2006 7:49 PM

I feel like a complete blank, but I don't care. Pfft. I've pretty much been doing nothing worth mentioning.

Posted by: TramadoL11189 at October 28, 2006 1:18 AM

I've more or less been doing nothing worth mentioning, but eh. My life's been really bland today. I don't care. I've just been letting everything happen without me these days. That's how it is.

Posted by: TramadoL41390 at October 29, 2006 8:19 PM

I've more or less been doing nothing worth mentioning, but eh. My life's been really bland today. I don't care. I've just been letting everything happen without me these days. That's how it is.

Posted by: TramadoL14243 at October 30, 2006 4:27 AM

I haven't gotten anything done recently. I've just been hanging out doing nothing. I haven't been up to anything these days, but it's not important. Today was a total loss.

Posted by: TramadoL21748 at October 30, 2006 10:09 AM

I haven't gotten anything done recently. I've just been hanging out doing nothing. I haven't been up to anything these days, but it's not important. Today was a total loss.

Posted by: TramadoL97668 at October 31, 2006 9:08 AM

I can't be bothered with anything these days, but shrug. I just don't have anything to say recently. I haven't gotten much done recently. Nothing seems worth thinking about.

Posted by: TramadoL94230 at November 1, 2006 8:31 PM

I can't be bothered with anything these days, but such is life. I don't care. So it goes. More or less nothing seems worth thinking about. I've just been hanging out waiting for something to happen, but that's how it is.

Posted by: TramadoL98286 at November 3, 2006 7:19 AM

Basically nothing noteworthy happening right now, but eh. Today was a complete loss. I haven't been up to much recently. I've pretty much been doing nothing worth mentioning.

Posted by: TramadoL52055 at November 3, 2006 8:02 PM

I just don't have anything to say , but shrug. So it goes. Not much on my mind recently. I can't be bothered with anything recently.

Posted by: TramadoL56393 at November 3, 2006 11:26 PM


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Posted by: TramadoL82767 at November 4, 2006 4:53 AM

I haven't been up to anything these days. So it goes. I can't be bothered with anything these days.

Posted by: TramadoL76736 at November 4, 2006 8:36 AM

I haven't been up to much today. I've just been letting everything happen without me. Basically nothing seems worth bothering with. I've just been hanging out doing nothing. I just don't have anything to say right now. More or less nothing happening.

Posted by: TramadoL66837 at November 5, 2006 4:31 AM

Basically nothing seems worth thinking about. I haven't been up to much these days. I just don't have much to say right now. I can't be bothered with anything , but whatever.

Posted by: TramadoL66330 at November 5, 2006 9:38 AM

Not much on my mind right now, but it's not important. I've just been letting everything happen without me. I just don't have anything to say right now.

Posted by: TramadoL97578 at November 5, 2006 5:49 PM

I've just been hanging out not getting anything done. What can I say? I've basically been doing nothing worth mentioning, but pfft. Not that it matters. Pretty much nothing exciting happening to speak of. I haven't been up to much these days.

Posted by: TramadoL44496 at November 6, 2006 2:49 AM

I haven't been up to anything today. I can't be bothered with anything recently. Nothing seems worth thinking about. I haven't gotten anything done recently, but oh well. Not much noteworthy going on worth mentioning.

Posted by: TramadoL8215 at November 6, 2006 5:49 PM

My mind is like a bunch of nothing, but I guess it doesn't bother me. I haven't been up to anything recently. I've pretty much been doing nothing to speak of.

Posted by: TramadoL29547 at November 6, 2006 11:23 PM

I've just been hanging out not getting anything done. What can I say? I've basically been doing nothing worth mentioning, but pfft. Not that it matters. Pretty much nothing exciting happening to speak of. I haven't been up to much these days.

Posted by: TramadoL25553 at November 7, 2006 3:50 AM

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Posted by: Joseph at November 7, 2006 12:56 PM

I've just been staying at home not getting anything done. I've basically been doing nothing worth mentioning. My life's been pretty unremarkable these days. Eh.

Posted by: TramadoL90725 at November 21, 2006 6:44 PM

I've just been staying at home not getting anything done. I guess it doesn't bother me. Shrug. I haven't been up to anything. I haven't gotten much done today.

Posted by: Sten50413 at February 11, 2007 5:03 PM

I haven't been up to anything today. I don't care. I've just been staying at home not getting anything done. Basically not much happening right now. Maybe tomorrow. I guess it doesn't bother me.

Posted by: Sten58105 at February 11, 2007 7:19 PM

I just don't have much to say these days, but so it goes. Today was a total loss. I guess it doesn't bother me.

Posted by: Sten69370 at February 12, 2007 8:20 AM