Supreme Decision

Posted in General and Memories 5 years, 4 months ago.

Today the U.S. Supreme Court will hear arguments for one of the most important cases (to me) concerning the rights of technology and its fair use—MGM v. Grokster. At issue is the file-sharing software which Grokster developed and how that software was used by the end-user. MGM asserts that Grokster provided the software and should be responsible for illegally downloaded music and movies that end-users shared using the software.

In 1984, the Supreme Court ruled in favor of Sony (ironic huh?) and their BetaMax videocassette recorder because it had “substantial legitimate use.” Along with legitimate use, the ruling also stated that the manufacturers cannot be found liable for copyright violations committed by people who use their products. This single ruling has paved the way for just about all technological advances you and I benefit from today. Do you enjoy being able to burn a mix CD of all your favorite songs? Thank the BetaMax. How about the ability to back up all those family photos on DVD? Thank the BetaMax. And I hear you really enjoy using that iPod while you’re walking on campus. Again, thank the BetaMax.

With the Supreme Court hearing arguments in the MGM v. Grokster case, the entertainment industry is asking the court to deem only those technologies whose “primary use” is legitimate to be protected while all other technologies can be considered tortuous in a court of law. The obstacle here is the definition of “primary use” and “fair use.” How does one determine if their technologies “primary use” is legitimate? Think about any P2P network. The original intent of networking computers together is to share files from one computer to another. The very first networks were 100% legitimate but with a matter of time users naturally begin sharing copyrighted material. Are all computer networks going to be banished? Will I not be able to send my files from one computer to another? You might say that sharing personal files or even copyrighted material that I own from one of my computers to another is completely legal and you would be correct. However, think further. Am I not using a standard network which has the potential to be used to illegal file-sharing? Exactly!

As you can clearly see, I am vehemently for Grokster in this case but am more so for technology. Rather than the entertainment industry pestering users with annoying inserts in DVDs and the always hackable DRM protections, they should try something completely new and revolutionary—create a new digital distribution method which is convenient and cost effective.