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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2006

Selected Works

Intellectual Property Law

Copyright Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Third Party Copyright After Grokster, Alfred C. Yen Dec 2005

Third Party Copyright After Grokster, Alfred C. Yen

Alfred C. Yen

This Article studies the construction of third party copyright liability after the recent Supreme Court case Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. This inquiry is important because third party copyright liability has become a controversial area of law that affects the viability of entire industries. Unfortunately, the law governing third party copyright liability is unclear. Grokster involved a claim of third party liability against defendants whose technology supported the sharing of music over the Internet, and it represents the Supreme Court’s attempt to bring coherence to the relevant law.

Grokster is a difficult case to understand. It added a new …


Freedom Of Expression (R): Overzealous Copyright Bozos And Other Enemies Of Creativity (Book Review), Matthew Rimmer Dec 2005

Freedom Of Expression (R): Overzealous Copyright Bozos And Other Enemies Of Creativity (Book Review), Matthew Rimmer

Matthew Rimmer

Of late, there has been a spate of popular and academic books decrying that copyright law has a detrimental impact upon freedom of expression. Most notably, in Free Culture, Lawrence Lessig has tilted at the comforting, consoling fiction of the Supreme Court of the United States in Harper & Row that ‘copyright is an engine of free expression’. He complains:

"Now that technology enables us to rebuild the library of Alexandria, the law gets in the way. And it doesn’t get in the way for any useful copyright purpose, for the purpose of copyright is to enable the commercial market …