Godwin on Grokster
Mike Godwin has a wonderful, must-read analysis of MGM v. Grokster over at the Reason site:
But the new decision blurs the bright line of Sony. By opening up the question of whether the designer or manufacturer or distributor of a new technology had the "intent" to "induce" infringement—terms that are not yet fully defined in this context—the Court made sure that company e-mails, advertising, and any other evidence may now be discovered in a trial proceeding, even if the technology itself has the potential substantial lawful use.
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