Clinic Professors Help File-Sharing Sites Win Important Victory
On Thursday, August 19, the 9th Circuit Court of Appeals ruled that peer-to-peer (P2P) file-sharing software providers, such as Grokster and Morpheus, are not liable for their users' copyright infringements. The Samuelson Law, Technology & Public Policy Clinic filed an amicus brief on behalf of 40 intellectual property and technology law professors supporting the P2P companies. The court agreed with the reasoning behind the brief and found that the P2P software is "capable of substantial non-infringing uses," and, unlike the Napster system, the providers do not have the ability to monitor or control the users of their software. The decision upholds a district court ruling issued in April 2003.
To read the decision, visit the 9th Circuit Court of Appeals website. You can also read a New York Times article about the case (registration required). For more information, please visit the Samuelson Clinic website.