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Article
On Sony, StreamCast and Smoking Guns
European Intellectual Property Review (2007)
  • Rebecca Giblin, Monash University
Abstract

In perhaps the final installment of the long-running Grokster litigation, the last remaining defendant to the action has been held liable for inducing its users to commit copyright infringement. The decision had wide-reaching implications for technological innovators and content interests alike. After briefly considering the decision this article considers three of the most significant. What does it mean for future innovators of distribution technologies? How would Sony itself have fared if the Betamax case had been heard in the current environment? Finally, is the staple article of commerce doctrine still relevant post-Grokster?

Keywords
  • Grokster,
  • StreamCast,
  • Kazaa,
  • P2P,
  • peer-to-peer,
  • file-sharing,
  • file sharing,
  • remand,
  • inducement,
  • secondary liability,
  • contributory liability,
  • vicarious liability,
  • copyright
Disciplines
Publication Date
2007
Citation Information
Rebecca Giblin. "On Sony, StreamCast and Smoking Guns" European Intellectual Property Review Vol. 29 Iss. 6 (2007)
Available at: http://works.bepress.com/giblin/1/