Ernest Miller liveblogs the conference just held by Grokster supporters:
# Richard Taranto, Farr and Taranto, argued the case before the Supreme Court
A few words, two different aspects to think about this case. What this means for the future of this litigation and how Grokster and Streamcast will fair under the remand directive. The decision is multi-faceted and the evidence burden is unclear so that it We think we will have the evidence to dispell the inference that the entertainment companies have the right to prove that there is sufficient evidence for liability. We were not in the Supreme Court of the unavailability of a theory of inducement for copyright liability.The second and much more important aspect of what the courts did today was to write a set of standards, the most notable feature of which is the lack of clarity. Promoting infringement and knowledge of how technology will be used. The Court has provided a very difficult roadmap to follow. We have a multi-factored standard that you can't be sure how will be applied to you. The immediate impact for technology industry will be a … one?
# Fred von Lohmann, Senior Staff Attorney for EFF, with Cindy Cohn
Will unleash an era of legal uncertainty for America's innovators. When we see the evidence in District Court, Streamcast will not be held liable. There is a new theory of copyright liability. Didn't clarify Betamax, didn't clarify vicarious liability. It will take courts some time to clarify this. By focusing on intent, the Supreme Court has opened the door to see the notes of engineering meetings, marketing plans, emails of executives. This is a high burden for technology companies.# CEO of Streamcast
Another hurdle for this company. We are confident that Streamcast did not go beyond the letter of the law. We look forward to our day in court. We're staying in this fight.# Gigi Sohn, President and Co-Founder of Public Knowledge
I see positive things for technology companies and consumers. The court reaffirmed the basis for the Betamax case. P2p as a technology can be The court focused on affirmative acts. We will see if there is enough evidence to prove viability. Sony has been preserved. There has been a lot of debate as to whether Congress will have to act to protect Hollywood's rights. It is clear that there is no need for Congress. There is nothing that Hollywood should want or need for Congress. Technology and consumers can be somewhat optimistic about this decision.
