Intellectual Property

Clinic asks Supreme Court to deny certiorari in MGM v. Grokster

Type: Brief
Year: 2004

The clinic, in conjunction with American University’s Glushko-Samuelson Intellectual Property Law Clinic, represented the Internet Archive and the Computer and Communications Industry Association in requesting that the Supreme Court deny certiorari in the Grokster case on November 8, 2004. The brief states that the Sony standard of “substantial noninfringing uses” is the correct standard for evaluating the secondary liability of technology providers.

The brief provides multiple examples of such substantial noninfringing uses, both those developed for communications technologies generally, and those developed for peer-to-peer technologies specifically. Finally, the brief points out that courts are unsuited for the targeted interventions available to Congress and regulatory agencies.

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