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

Tennessee Bill Would Require Warnings on Adult Stores

The Tennessee Senate has passed a bill requiring adult stores, theaters and other establishments in the state to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Report: Irish Regulator Seeks 'Industry Input' on AV Compliance

Irish media regulator Coimisiún na Meán (CnaM) will draw on “industry input” to help establish a framework for assessing platforms’ compliance with Ireland’s Online Safety Code and the EU’s Digital Services Act, news organization MLex reports.

'iDealgasmPlus' Launches Through PAYSITE

iDealgasmPlus.com has officially launched through PAYSITE.

Canadian Senate Approves National Age Verification Bill

Canada’s Senate on Wednesday passed bill S-209, the “Protecting Young Persons from Exposure to Pornography Act,” which would require commercial adult websites to verify that Canadian users are at least 18 years old.

Sara Jay Relaunches Site Through PAYSITE

Sara Jay has relaunched her membership site, WydeSyde, through PAYSITE.

European Commission: Age Verification App Ready For Use

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

AEBN Reveals Ariel Demure as Top Trans Star for Q1 of 2026

AEBN has named its top trans stars for the first quarter of 2026, with Ariel Demure landing atop the leaderboard.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Pennsylvania Legislature Weighs 'Porn Tax' Bill

The Pennsylvania State Senate is considering a bill that would impose a 10% tax on the revenue of adult websites doing business in that state.

Show More