On Sony, Streamcast and Smoking Guns

European Intellectual Property Review, Vol. 29, No. 6, pp. 215-226, 2007

26 Pages Posted: 13 Nov 2007 Last revised: 9 Oct 2019

See all articles by Rebecca Giblin

Rebecca Giblin

University of Melbourne - Law School

Abstract

In 2005 the US Supreme Court remanded the landmark Grokster P2P file - sharing case to the California District Court for adjudication. This article looks closely at that remand decision, and the reasoning behind the district court's decision to hold the defendant liable for inducement.

It also considers whether the 1984 Supreme Court judgment in Sony Corp of America v. Universal City Studios Inc. would be decided differently if it were it to be decided under today's law. In so doing, it highlights some of the most significant differences between the Grokster Court's two concurrences.

Keywords: Grokster, StreamCast, Kazaa, P2P, peer-to-peer, file-sharing, file sharing, remand, inducement, secondary liability, contributory liability, vicarious liability, copyright

Suggested Citation

Giblin, Rebecca, On Sony, Streamcast and Smoking Guns. European Intellectual Property Review, Vol. 29, No. 6, pp. 215-226, 2007. Available at SSRN: https://ssrn.com/abstract=1029577

Rebecca Giblin (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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