IP Notes

>
> http://www
> .variety.com/article/VR1117919672?categoryid=18&cs=1
>
>
>
> WASHINGTON--With less than two weeks to go before the curtain goes up on
> the Grokster case at the Supreme Court, the two sides traded accusations
> and near-insults at an industry conference here Wednesday.
>
> Appearing on a panel with Consumer Electronics Assn. prexy Gary Shapiro,
> RIAA topper Mitch Bainwol accused the hardware rep of engaging in
> "ridiculous hyperbole" about the case.
>
> "You keep saying we're trying to kill technology when you know that's
> ridiculous," Bainwol said. "You know, the federal government filed a brief
> in this case and I think they're a pretty good neutral observer. And they
> said we're right and your wrong."
>
> Shapiro returned fire, accusing the studios and record companies of
> demanding a veto over future technological innovation.
>
> "What you're saying is that before any technology developer can do
> anything, they have to predict all the ways their technology could be
used,
> and then think of how they could have designed it differently to prevent
> uses that might be infringing. That's what it says in your (legal) brief."
>
> The heated remarks reflect how high passions are running as Hollywood and
> the technology industries prepare for the courtroom showdown.
>
> Oral arguments in the case are slated for March 29, and a decision is
> likely by summer.
>
> Legal experts both inside and outside the industry regard the case as the
> most important copyright question to reach the high court since the
> Betamax case in 1984.
>
> In Betamax, the court ruled that technologies such as the VCR could not be
> banned even if some people used them to infringe copyrights.
>
> In Grokster, the robes area being asked to decide whether the Betamax
> standard should apply to peer-to-peer file trading over the Internet.
>
> On Wednesday, each side predicted dire consequences should the other side
> prevail.
>
> "I don't think this is just a Washington issue, or even just a Hollywood
> issue," MPAA prexy Dan Glickman said. "This case really has to do with
> what has made this country the great liberal democracy that it is. I'm not
> saying we would lose that democracy if we lose on Grokster, but it would
> have very profound implications for our society's ability to be culturally
> productive and innovative."
>
> HDNet CEO Mark Cuban was equally adamant.
>
> "If Grokster loses we're in deep shit," the one-time software entrepreneur
> said. "I remember trading pictures on CompuServe in 1988. People were
> downloading music over what became AOL. If the rules they're asking for
> today had been in place then, AOL would have been decimated before it
> began."
>
> One point on which the two sides agree is that the Supreme Court is
> unlikely to fully settle the matter, whatever it decides.
>
> Both sides are already working Capitol Hill to line up support for
> legislation to undo whatever the court does should the decision go against
> them.
>
> On Wednesday, Rep. Rick Boucher (D-Va.) introduced a bill that would write
> the Betamax standard into law as well as expand consumers' rights to make
> fair use of encrypted programming.
>
> Boucher bill is co-sponsor by House Commerce and Energy Committee chairman
> Joe Barton (R-Tex.), insuring it will at least get a hearing.
>
> In the Senate, Orrin Hatch (R-Utah) is expected to reintroduce his Induce
> Act should the court side with Grokster.
> Web Only
>
> --
> -----
> The Godwin's Law Blog can be found at http://www.godwinslaw.org .
> -----
> Mike Godwin can be reached by phone at 202-518-0020 x 101.
> The new edition of his book, CYBER RIGHTS, can be ordered at
> http://www.panix.com/~mnemonic .
> -----
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# posted by John @ 11:57 AM