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 © 2025 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

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Teasy Agency Launches Marketing Firm

Teasy Agency has officially launched Teasy Marketing firm.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

MintStars Launches Debit Card for Creators

MintStars has launched its MintStars Creator Card, powered by Payy.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

RevealMe Joins Pineapple Support as Partner-Level Sponsor

RevealMe has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Pineapple Support to Host 'Healthier Relationships' Support Group

Pineapple Support is hosting a free online support group on enhancing connection and personal growth.

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

Show More