Printer Friendly
The Free Library
19,604,540 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

COURT TACKLES PIRACY SUIT HOLLYWOOD VS. HIGH TECH.


Byline: Lisa Friedman Washington Bureau

WASHINGTON - Hollywood squared off Tuesday against the high-tech industry in a U.S. Supreme Court case that could dictate the future of copyright law.

Justices poked holes in both sides of Metro-Goldwyn-Mayer Studios v. Grokster as they probed whether the file-sharing networks that enable people to illegally download music and movies over the Internet should be held responsible for copyright infringement Noun 1. copyright infringement - a violation of the rights secured by a copyright
infringement of copyright

plagiarisation, plagiarization, piracy, plagiarism - the act of plagiarizing; taking someone's words or ideas as if they were your own
.

Exhibiting little sympathy for peer-to-peer network (1) A network of computers configured to allow certain files and folders to be shared with everyone or with selected users. Peer-to-peer networks are quite common in small offices that do not use a dedicated file server.  distributors' argument that they cannot control how people use their product, Justice David Souter suggested that the companies' absence of a centralized system In telecommunications, a centralized system is one in which most communications are routed through one or more major central hubs. Such a system allows certain functions to be concentrated in the system's hubs, freeing up resources in the peripheral units.  might be ``willful Intentional; not accidental; voluntary; designed.

There is no precise definition of the term willful because its meaning largely depends on the context in which it appears.
 ignorance.''

At the same time, several justices also questioned whether the iPod, copier machines or even the printing press could have been created if their inventors worried that they would be held responsible for consumer abuses.

``I know the monks had a fit when Gutenberg had his press,'' Justice Stephen Breyer Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. Since 1994, he has served as an Associate Justice of the U.S. Supreme Court.  said.

The case, which has pitted seven movie studios and thousands of music publishers against the high-tech and consumer-electronics industries, will determine whether the entertainment industry can sue not only individuals who download copyrighted music and movies, but also those who distribute the software used in the illegal act.

For the justices Tuesday, the case came down to two arguments: whether software companies such as Grokster and Woodland Hills-based Morpheus encourage Internet piracy; and whether the constant threat of lawsuits could smother technological innovation.

Donald Verrilli, the attorney for MGM MGM
 in full Metro-Goldwyn-Mayer, Inc.

U.S. corporation and film studio. It was formed when the film distributor Marcus Loew, who bought Metro Pictures in 1920, merged it with the Goldwyn production company in 1924 and with Louis B. Mayer Pictures in 1925.
, Disney, Paramount Pictures and other studios, called the amount of illegal downloading on Grokster and StreamCast Networks' Morpheus ``mind-boggling.''

He argued that the 9th Circuit's ruling in August that the companies were not responsible since their products don't directly tell users where and how to download copyrighted material amounted to a ``perpetual free pass'' for infringement.

Souter in particular also appeared skeptical of Verrilli's argument that emerging technologies must prove that their aim is not to enable illegitimate activity.

``There's never any evidence at the time the guy is in the garage deciding whether to invent the iPod,'' Souter said. ``How can we give inventors the confidence to go ahead?''

Justice Antonin Scalia agreed, saying a ruling for the movie and recording studios could be an economic death knell death knell
Noun

something that heralds death or destruction

Noun 1. death knell - an omen of death or destruction
 for creators.

``What I worry about is the suit that comes right out of the box,'' Scalia said. ``If I'm a new inventor, I'm going to get sued right away before I have a chance to build up the business.''

Meanwhile, Justice Anthony M. Kennedy questioned whether burgeoning technology firms could rightly use the profits gained from distributing stolen property.

``That seems wrong to me,'' he said.

According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the movie industry, as many as 400,000 feature-length movies are illegally downloaded each day. Meanwhile, the music industry estimates that more than 2.6 billion copyrighted songs are illegally downloaded each month, accounting for a 20 percent drop in sales over the past five years.

Dan Glickman Daniel Robert "Dan" Glickman (born November 24, 1944) is an American politician. He served as the United States Secretary of Agriculture from 1995 until 2001, prior to which he represented the Fourth Congressional District of Kansas as a Democrat in Congress for 18 years. , chairman of the Motion Picture Association of America, said outside court Tuesday that he felt the justices appeared concerned about the ``rampant lawlessness'' of illegal downloading. ``I got a feeling they're going to work toward balance.''

Outside the courtroom, songwriters holding signs that read ``Feed a Musician, Download Legally'' clashed and sometimes engaged in protracted pro·tract  
tr.v. pro·tract·ed, pro·tract·ing, pro·tracts
1. To draw out or lengthen in time; prolong: disputants who needlessly protracted the negotiations.

2.
 debates with file-sharing supporters chanting ``Hands off my iPod.''

The rift was as generational as the legal case. Songwriter Stewart Harris, 56, who traveled from Nashville, tried to convince 24-year-old Ian Danforth of Maryland that ``music is not free.''

``The song, just like a donut or a brick is a product and the only thing we want is fair compensation,'' Harris said.

Danforth, while sympathetic, retorted that technology has made Harris' brand of copyright enforcement obsolete.

``Scarcity is dead,'' Danforth informed the composer for Waylon Jennings Waylon Arnold Jennings (June 15 1937 – February 13 2002) was a respected and influential American country music singer and musician. A self-taught guitar player, he rose to prominence as a bass player for Buddy Holly following the break-up of The Crickets.  and Reba McEntire Reba Nell McEntire (born March 28, 1955) is a Grammy award winning American singer and country music performer, and actress.[1] Sometimes referred to as "The Queen of Country Music",[2][3] . ``I know it sounds cold, but your royalty stream may already be a walking corpse.''

Lisa Friedman, (202) 662-8731

lisa.friedman(at)langnews.com
COPYRIGHT 2005 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Title Annotation:Business
Publication:Daily News (Los Angeles, CA)
Date:Mar 30, 2005
Words:653
Previous Article:ROAD WORK PLAN IN RAINS' WAKE.
Next Article:LAKERS NOTEBOOK: SHAW LEARNING FROM PREDICAMENT.



Related Articles
INDIE FILM GROUP SUES OVER SCREENER BAN.
FRIDAY IS 'DVD DAY' FOR MPAA JUDGE TO RULE ON SCREENERS.
PIRACY SUITS TO BE FILED LEGAL ATTACK IS ON FILM-SHARERS.
PIRACY RULING AGAINST FIRM.
Finding the source of DVD piracy is elusive.
PIRATED DVD, CD BUST BIGGEST EVER SOUTHLAND HAUL WORTH $200 MILLION.
MPAA WIDENS PIRACY NET NEW LAWSUITS TARGET ONLINE COMPUTER SERVER OPERATORS.

Terms of use | Copyright © 2012 Farlex, Inc. | Feedback | For webmasters | Submit articles