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Grokster Appeal Day (2-3-4)
By Elliot Zimmerman on Monday, February 02, 2004 - 08:29 PM
CyberLaw
Fred Von Lohmann, Senior Staff Attorney at the Electronic Frontier Foundation (EFF), was quoted as saying "MGM v. Grokster is about whether copyright owners have the right to veto new technologies and stifle innovation ... Innovators have a great deal at stake in the conflict over peer-to-peer (P2P) software."



EFF represents defendant Streamcast, maker of Morpheus P2P software, in the Grokster litigation. EFF contends that Streamcast has no control over the Gnutella Network, Morpheus has significant non-infringing uses ("BetaMax Defense"), and the copyright owner's monopoly, which is statutory in nature, should not be judicially extended to areas not contemplated by Congress or specifically addressed in the DMCA.

If the Court strictly construes the language of the DMCA, which is silent with respect to Morpheus type technologies, the BetaMax Defense would be precedent and should be applied. Either way, it is likely the decision will be appealed to the Supreme Court of the U.S., which has not visited this issue since its landmark decision in the BetaMax litigation.

Case:
MGM Studios v. Grokster (case numbers 03-55894, 03-55901, and 03-56236)
Date:
1:30 pm on Tuesday, February 3, 2004
Location:
U.S. Court of Appeals for the Ninth Circuit, 125 South Grand Avenue, Pasadena, CA 91105, Courtroom 3
Judges:
Hon. Robert Boochever, Hon. John Noonan, Hon. Sydney Thomas
Read a related EFF article here.
 
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Elliot Zimmerman, P.A.

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Board Certified Intellectual Property Lawyer

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CyberLaw.Info (tm): CyberLaw, Internet Law, Entertainment Law, Music Law. Board Certified Intellectual Property Lawyer. Rated AV by Martindale-Hubbell. Personal Injury Law, Insurance Law and Litigation. CyberLaw Attorney, Internet Lawyer, Entertainment Lawyer, Music Lawyer, Personal Injury Lawyer, Insurance Lawyer and Litigator Serving Fort Lauderdale, Boca Raton, Weston, Plantation, Hollywood, Hallandale, Pompano Beach, Delray Beach, Boynton Beach, Palm Beach, Aventura, Miami, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1981.


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Law firm licensed to practice law by the State of Florida and the United States District Court for the Southern District of Florida since 1981. Board Certified Intellectual Property Lawyer authorized to engage in a multi-jurisdictional federal copyright and trademark practice.

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Our Designated Agent Under 17 U.S.C. 512(c)(2) to Receive Notification of Claimed Copyright Infringement and Registered Agent to Accept Service of Process is: Mr. Elliot M. Zimmerman, Esq., President of Elliot Zimmerman, P.A., a Florida Professional Association, 1776 N. Pine Island Rd., Ste. 224, Plantation, Broward County, FL 33322, Phone: 954.565.6996, Email: legal@cyberlaw.info.

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