Monday, June 27, 2005

Still more MGM v. Grokster.

Goddamn it. I just realized this is a god-awful plurality opinion. 9-0, yes. But with Souter writing the "majority" opinion, Ginsburg (with Rehnquist and Kennedy joining) writing a concurring opinion, and Breyer (with Stevens and O'Connor joining) writing another concurring opinion. Which means that although we can be sure that Grokster and StreamCast infringed MGM et al.'s copyrights, we cannot be sure why. Which is really helpful guidance for those of us who really do want to avoid infringement, but nevertheless dig on innovation.

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