Issues of the Case

Copyright infringement is a very serious matter, especially more so in the field of audio with which I plan to make my living. In MGM Studios v. Grokster, the facts of the case are as follows. Grokster was a company that distributed software and products that elicited the peer-to-peer and ensured it would thrive (peer-to-peer being file sharing with computers that have access to the internet without access to the actual computer, just being able to access its files even without the permission of the computer user) in the established internet world. Among these files shared in the peer-to-peer network was expressly stated copyrighted material that was transferred with the knowledge of Grokster. The transfer of this copyrighted material without the written expressed statement from MGM Studios to do so was perceived as copyright infringement on behalf of Grokster as they blatantly knew about the illegal sharing of the material. Grokster countered with they not only didn’t know what material was being transferred, only that they were providing the product with which people could transfer files on an established peer-to-peer server; But also that the transfer over the internet could not be claimed as copyright infringement as it is outside of the jurisdiction of the US Government and non-negotiable as to who owns the materials on hand. The opinion is as follows “We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.” – Supreme Court Justice Souter.