Hi Sean, I agree and from what I see in the opinion the court really did not set forth a definitive standard regarding vicarious liability for copyright infringement and deliberately refused to overrule or modify the "Sony" test. However, most commentators agree that Grokster and StreamCast utilized a poor business model in specifically marketing and aiming its product as a great way to obtain copyrighted material without paying for it. However, the opinion is replete with references to the defendants advertisements and emails (both very damaging) so they may ultimately face some liability issues. As the court noted: "There is substantial evidence in MGM's favor on all elements of inducement..."
As an aside, I assume "Modest Mouse" enjoyed the reference to themselves in the opinion. -- Jeff52 _______________________________________________ Discuss mailing list [email protected] http://lists.slimdevices.com/lists/listinfo/discuss
