Tuesday, June 27, 2006
Matthew Neco, general counsel for StreamCast Networks (maker of the Morpheus P2P client), has a lengthy statement about the posture of the ongoing litigation in the wake of last summer's MGM v. Grokster ruling.
The Supreme Court, in establishing the active inducement theory of secondary copyright liability in the Grokster opinion, suggested some factors that a court might consider in weighing and balancing whether the plaintiffs can prove that StreamCast induced copyright infringement. The entertainment industry did not provide undisputed material facts that would prove StreamCast induced infringement. So we think the Trial Court should deny plaintiff's motion, the facts should go before a jury, and a jury should decide what facts are and are not true, and how significant those facts are.
StreamCast opposed a pending summary judgment motion in April.
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