 |
Martindale-Hubbell
AV Rating |
 |
CyberLaw.Info
|
|
|
|
CyberLaw.Info Recent Articles |
|
|
|
|
CyberLaw.Info News by Topic |
|
|
|
|
InfoCenter CyberLaw.Info |
Your IP: 38.107.179.224
Browser Info:
CCBot/1.0 (+http://www.commoncrawl.org/bot.html)
Language: en-us,en;q=0.5
|
CyberLaw.Info
|
|
|
|
|
|
|
|
| Grokster Appeal Day (2-3-4) |
| on Monday, February 02, 2004 - 08:29 PM Posted by: elliot |
 Fred Von Lohmann, Senior Staff Attorney at the Electronic Frontier Foundation (EFF), was quoted as saying "MGM v. Grokster is about whether copyright owners have the right to veto new technologies and stifle innovation ... Innovators have a great deal at stake in the conflict over peer-to-peer (P2P) software."
EFF represents defendant Streamcast, maker of Morpheus P2P software, in the Grokster litigation. EFF contends that Streamcast has no control over the Gnutella Network, Morpheus has significant non-infringing uses ("BetaMax Defense"), and the copyright owner's monopoly, which is statutory in nature, should not be judicially extended to areas not contemplated by Congress or specifically addressed in the DMCA.
If the Court strictly construes the language of the DMCA, which is silent with respect to Morpheus type technologies, the BetaMax Defense would be precedent and should be applied. Either way, it is likely the decision will be appealed to the Supreme Court of the U.S., which has not visited this issue since its landmark decision in the BetaMax litigation.
Case: MGM Studios v. Grokster (case numbers 03-55894, 03-55901, and 03-56236)
Date: 1:30 pm on Tuesday, February 3, 2004
Location: U.S. Court of Appeals for the Ninth Circuit, 125 South Grand Avenue, Pasadena, CA 91105, Courtroom 3
Judges: Hon. Robert Boochever, Hon. John Noonan, Hon. Sydney Thomas
Read a related EFF article here. |
|
| |
|
|
|
|
|
|
CyberLaw Offices
Elliot Zimmerman, P.A.
Attorney At Law
Board Certified Intellectual Property Lawyer
100 NW 70th Avenue, PH 203
Plantation, Florida 33317
In Fort Lauderdale, Broward County, Florida, call (954) 565-6996
In Boca Raton, Palm Beach County, Florida, call (561) 989-9990
legal@cyberlaw.info
http://cyberlaw.info
http://entertainmentlawyer.pro
CyberLaw.Info (tm): CyberLaw, Internet Law, Entertainment Law, Music Law. Board Certified Intellectual Property Lawyer. Rated AV by Martindale-Hubbell. Personal Injury Law, Insurance Law and Litigation. CyberLaw Attorney, Internet Lawyer, Entertainment Lawyer, Music Lawyer, Personal Injury Lawyer, Insurance Lawyer and Litigator Serving Fort Lauderdale, Boca Raton, Weston, Plantation, Hollywood, Hallandale, Pompano Beach, Delray Beach, Boynton Beach, Palm Beach, Aventura, Miami, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1981.
Law firm licensed to practice law by the State of Florida and the United States District Court for the Southern District of Florida since 1981. Board Certified Intellectual Property Lawyer authorized to engage in a multi-jurisdictional federal copyright and trademark practice.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. You may view Mr. Zimmerman's qualifications and experience here.
Not all results are provided, the results are not necessarily representative of results obtained by the lawyer, and a prospective client's individual facts and circumstances may differ from the matter in which the results are provided.
Nothing in this web site should be construed as legal advice to you and does not establish an attorney client relationship between us. You should not rely upon any information contained herein without separate independent legal research and advice. Our law firm is under no obligation to respond to correspondence, including, without limitation, email, until a written retainer agreement is executed. Nothing contained herein should be construed as an endorsement of any and all products or services contained herein or accessible herethrough. By using this web site you agree to abide by our Terms of Use and Privacy Policy. Advertisement.
Our Designated Agent Under 17 U.S.C. 512(c)(2) to Receive Notification of Claimed Copyright Infringement and Registered Agent to Accept Service of Process is: Mr. Elliot M. Zimmerman, Esq., President of Elliot Zimmerman, P.A., a Florida Professional Association, 100 NW 70th Avenue, PH 203, Plantation, Broward County, FL 33317, Phone: 954.565.6996, Email: legal@cyberlaw.info.
You may use our  newsfeed to display CyberLaw.Info's news at your site.
© 1995-Present Elliot Zimmerman, P.A.
CyberLaw.Info™ is a Mark of Elliot Zimmerman, P.A.
All Rights Reserved
|
Printer Friendly Page