Jan 26, 2005 • 1 min read

Organisations back MGM in case against Grokster

Copyright trade bodies including the RIAA and IFPI have filed a friend of court brief urging the US Supreme Court to reverse a ruling in favour of Grokster in the MGM case.

Numerous trade organisations representing copyright owners across the entertainments industry have filed a 'friend of court' brief to the US Supreme Court urging them to reverse an appeals court decision regarding the Grokster MGM case. Which is nice of them.

This is the latest attempt by the entertainment industry to stop

P2P companies like Grokster from using the 'Betamax plea' when charged with enabling mass copyright infringement - that is to say, they argue that they make technology with legitimate uses, and can therefore not be held liable should the public choose to use that technology to illegally share copyrighted material. The US courts have generally accepted that excuse, much to the annoyance of music, film and games companies who want the courts to force the P2P makers out of business.

With the Grokster MGM case due to go before the Supreme Court this

Spring, the 'friend of court' brief, signed by organisations representing content owners in over 100 countries, including the Recording Industry Association of America and **International

Federation of the Phonographic Industry**, argues that the lower

US court's decision in favour of Grokster denies international rights owners effective protection in the US against copyright infringement on a 'massive and unprecedented scale', which in turn sets a negative precedent across the globe.

It remains to be seen how the Supreme Court respond. Many feel only a change in the law will enable content owners to properly challenge P2P companies. As previously reported, some work on that front is already under way in Congress.

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