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

AEBN Publishes Popular Searches by Country for April, May

AEBN has released the list of popular searches from its straight and gay theaters, by country, for April and May.

Ondato Joins Pineapple Support as Sponsor

Age and identity verification company Ondato has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

2026 XBIZ Amsterdam Website Now Live, Registration Opens

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

MyMember.site Integrates FSC's 'PrivateAV' Age Verification Solution

MyMember.site has integrated Free Speech Coalition's PrivateAV age verification tool into its website-building platform.

Pearl Industry Network Opens Beta for Creator Networking App

Industry trade group Pearl Industry Network (PiN) has launched beta testing for the PiN Member App, a networking and collaboration tool for content creators.

FSC: W.V. Age Verification Law Takes Effect June 12

The Free Speech Coalition has issued a reminder notice that West Virginia's age verification law takes effect on June 12, 2026.

Pineapple Support Taps Brad Mitchell, Jean-Micheal Veen for Senior Leadership Positions

Pineapple Support has named Brad Mitchell as its new board president and Jean-Micheal Veen as technology and development chair.

WOW Tech, XR Brands Reach Settlement in Patent Infringement Dispute

XR Brands and Lovehoney Group subsidiary WOW Tech Group have settled a patent dispute over WOW's Pleasure Air Technology.

Polish Government Proposes AV Mandate for Adult Sites

Poland’s Council of Ministers on Tuesday endorsed a proposed national law that would require sites and platforms to age-verify users to prevent minors from accessing adult content online.

Brazil Launches Complaints Page for AV Violations

Brazil’s National Data Protection Authority (ANPD) on Monday debuted a portal where citizens can report possible violations of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Show More