Supreme Court to Consider Outlawing Your VCR
Back in 1984, the U. S. Supreme Court ruled five to four that you are allowed to use your VCR to record Letterman and watch him the next morning. The Motion Picture Association of America almost convinced enough justices that this device was a grave threat to the health of commerce and creativity in America.
The court ruled that because the VCR had "substantial non-infringing uses" the technology itself should not be outlawed, even though in a technical sense it facilitates private, non-commercial infringement.
Today the Supreme Court decided to reconsider (or reaffirm) that principle by granting cert to the Grokster decision which shielded some peer-to-peer software companies from liability based on the same "substantial non-infringing use" standard.
Both Ann and I will have much to say on this matter as we get closer to March, when the Court will entertain arguments.
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