Grokster and Freedom to Connect
Thematic Blog Entry coming up.
I have it on good authority that the state AGs are circulating another brief in connection with the Grokster case, to be filed against Grokster on January 24. This brief will probably be much like the one they filed [pdf] in support of the petition for cert: P2P = pornography; technology (even software and devices with substantial noninfringing uses) should be designed to avoid infringement; P2P = spyware; P2P = crime; Aimster was a great decision …. same kind of thing.
I don't understand why the states are getting involved at all. Don't get me wrong; state prosecutors are vitally important. But the Grokster case really has nothing to do with pornography, spyware, or crime. Instead, it has everything to do with the free flow of innovation. Should new technologies have to prove that they're monitoring for copyright infringement? Does the copying machine have to ensure that no one is using it for “unauthorized” purposes? Or should copyright owners go after the behavior of end-users instead? These are the Grokster issues. I'm not sure why the states feel the need to get involved, and I bet that some key tech/manufacturing interests are hoping that they don't file another brief.
Next: David Isenberg is putting together a great conference called Freedom to Connect for March 30-31 in DC (actually, in Silver Spring, but it's really convenient). I'm looking forward to participating, and I urge you all to sign up early and often.
A central message of the conference — and of this Thematic Blog Post — is that freedom to connect devices/applications to the internet is central. Conditioning the provision of devices/technologies/applications/connections on adherence to a set of rules is a destructive trendlet all over the world. The content industry wants this (see Grokster). The telecom industry wants this (see Bellhead/Nethead). Law enforcement wants this (see CALEA rulemaking). It's a good idea to shed light on this trend. David Isenberg is working hard to bring people together to have a good talk and see a lot of demos, and he is to be applauded.
(Finally, any time someone invites you to go to the Village Vanguard, say yes.)
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