Reference no: EM131917225

Question: Metro-Goldwyn-Mayer Studios v. Grokster 125 S.Ct. 2764 (2005) Justice Souter

A Respondents, Grokster, Ltd., and StreamCast Networks, Inc., defendants in the trial court, distribute free software products that allow computer users to share electronic files through peer-to-peer networks, so called because users' computers communicate directly with each other, not through central servers.

A group of copyright holders (MGM for short, but including motion picture studios, recording companies, songwriters, and music publishers) sued Grokster and StreamCast for their users' copyright infringements, alleging that they knowingly and intentionally distributed their software to enable users to reproduce and distribute the copyrighted works in violation of the Copyright Act.

B The District Court granted summary judgment in favor of Grokster and StreamCast as to any liability arising from distribution of the then current versions of their software.

Distributing that software gave rise to no liability in the court's view, because its use did not provide the distributors with actual knowledge of specific acts of infringement. The Court of Appeals affirmed. In the court's analysis, a defendant was liable as a contributory infringer when it had knowledge of direct infringement and materially contributed to the infringement. But the court read [our decision in] Sony Corp. of America v. Universal City Studios, Inc. as holding that distribution of a commercial product capable of substantial noninfringing uses could not give rise to contributory liability for infringement unless the distributor had actual knowledge of specific instances of infringement and failed to act on that knowledge. The fact that the software was capable of substantial noninfringing uses in the Ninth Circuit's view meant that Grokster and StreamCast were not liable, because they had no such actual knowledge, owing to the decentralized architecture of their software. The court also held that Grokster and StreamCast did not materially contribute to their users' infringement because it was the users themselves who searched for, retrieved, and stored the infringing files, with no involvement by the defendants beyond providing the software in the first place.

quacy of MGM's showing on this point. There is substantial evidence in MGM's favor on all elements of inducement, and summary judgment in favor of Grokster and StreamCast was error. [Vacated and remanded.]

Questions

1. a. Explain how the Court was able to hold software distributors like Grokster liable for the misconduct of others (those who actually used the peer-to-peer networks to download copyrighted materials).

b. What does the Court mean by "contributory" and "vicarious" copyright infringement?

c. Why did the Supreme Court overrule the Court of Appeals decision?

2. Has this decision effectively stopped illegal downloading of copyrighted material? Explain.

3. As a consequence of this decision, is peer-to-peer technology now unlawful? Explain.

4. In your judgment do Grokster and other peer-to-peer software distributors have a moral responsibility regarding the unlawful use of their products by third parties? Explain.