Still reading the decision. Initial reaction: this isn't a big deal - they cited common law and kicked it back down. It may actually be a positive thing for p2p - they have narrowed the liability question to simply how Grokster was marketed. MGM needs to show that they were promoting it for illegal purposes. If some other p2p network were more careful than Grokster was in that respect, they'd still be safe per Betamax. It's the same as:

OK to market bullets for "killing", not "murder"
OK to market glass pipes for "smoking", not "smoking pot"

Full decision is here BTW:

http://www.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf
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