Momentum Builds to Knock Down File-Sharing

WASHINGTON — The U.S. Supreme Court has been asked by numerous organizations to hear a claim brought by the recording and film industries against Internet file-sharing companies Grokster Ltd. and StreamCast Networks Inc.

Among Monday's petitioners siding with the industries were the Video Software Dealers Association, Association of American Publishers, Screen Actors Guild, Recording Artists Coalition, National Basketball Association and the commissioner of Major League Baseball. In addition, 41 state attorneys general also submitted briefs.

Briefs were also filed on behalf of recording artists Don Henley, Joe Walsh, Stevie Nicks and Sheryl Crow, as well as online music retailers Napster, MusicNet and DVD subscription provider NetFlix.

The organizations, state attorney generals and artists asked the court to finally resolve conflicting lower court rulings on file-sharing. They argued file-sharing programs pose risks to consumers, such as identity theft and being unwittingly exposed to spyware and child pornography.

In August, the 9th U.S. Circuit Court of Appeals upheld a U.S. District Court ruling in a copyright lawsuit brought by the entertainment industry against Grokster Ltd. and StreamCast Networks Inc. But that ruling only applies to the states under the jurisdiction of the 9th Circuit.

In 2003, the 7th U.S. Circuit Court of Appeals upheld a lower court ruling that successfully closed the Madster file-sharing service.

Attorneys for StreamCast, which operates Morpheus, filed a brief with the court, asking the justices not to overturn the 9th Circuit's ruling.

"The petitioners are grasping for straws when they disingenuously assert that the Supreme Court should review the matter," the company's lawyers wrote in a brief. "The law is clear and has already been decided."

Charles Baker of the Houston-based Porter & Hedges and he Electronic Frontier Foundation represent StreamCast Networks in the case, joined by StreamCast's Matthew A. Neco, on the opposition brief, while the San Francisco law firm Keker & Van Nest represents Grokster.

"The 9th Circuit got it right and applied the Supreme Court's own precedent in the Sony Betamax case," EFF attorney Fred von Lohmann said. "There is no reason to revisit the unanimous ruling of the 9th Circuit and insert judges into the design rooms of technologists across the nation."

U.S. justices are expected to decide whether it will take the case before the end of the year.

The case is Metro-Goldwyn-Mayer vs. Grokster, No. 04-480.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

TSBlondieNYC Launches Official Website Through PAYSITE

TSBlondieNYC has launched an official website through PAYSITE.

Teasr Launches Live Shopping Platform for Creators and Sexual Wellness Brands

Teasr has officially launched its live-selling and social-shopping platform for wellness brands, creators, educators, and artisans.

JulModels Launches Cross-Paysite Royalty Generation Feature for Performers and Creators

JulModels has introduced JulRoyalty, a feature that allows performers and creators to earn royalties from their existing scenes and clips.

FSC Hails Members, Allies in SCREEN Act Victory

The Free Speech Coalition (FSC) released a statement today praising its members and allies after a successful lobbying effort to prevent the SCREEN Act, a nationwide age verification bill, from advancing out of the Commerce Committee for a full vote on the Senate floor.

SCREEN Act Stalls in Senate Committee Over Technicality

The Senate Commerce Committee on Wednesday voted to approve the SCREEN Act, which would mandate nationwide site-based age verification of users seeking to access adult content online, but a procedural issue blocked the bill from advancing to the full Senate.

DarkFans Adds Time-Limited Content Pricing

DarkFans has debuted its Configure Limits feature for automating content promotions.

Clips4Sale, Free Speech Coalition Partner for 'Creator Workflow' Webinar

Clips4Sale (C4S) and Free Speech Coalition (FSC) partnered for a webinar titled “Organization & Workflow: Simple Systems for Busy Creators.”

Pineapple Support, Streamate Partner for 'Self-Parenting' Support Group

Pineapple Support and Streamate are hosting a free online support group focused on self-care for performers, titled "Self-Parenting: Becoming Your Own Safe Space."

Nerds of Porn to Relaunch Site Through MyMember.site

Nerds of Porn is relaunching its membership site through MyMember.site on Aug. 14.

Show More