ACU Files Amicus Brief in MGM v. Grokster

The entertainment industry goes too far in targeting technology to protect copyrighted material

ALEXANDRIA, VA— The American Conservative Union today filed an amicus curiae brief in the U.S. Supreme Court case Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd. The ACU brief was filed in support of the respondent Grokster and was also signed by the National Taxpayers Union.

"While the American Conservative Union recognizes the problem of copyright infringement as a serious criminal issue, and while the protection of intellectual property rights remains a vital constitutional right, the Hollywood plaintiffs in the Grokster lawsuit go too far in seeking to limit an entire emerging technology," said ACU Deputy Director Stacie Rumenap.

"This is reminiscent of the 1984 Sony Betamax case, in which the movie industry attempted to stop sales of home video recorders because they could be used illegally to reproduce copyrighted films," Rumenap noted. "The court held in Sony that VCR technology has substantial non-infringing uses and therefore cannot be banned simply because someone might illegally misuse VCRs to violate copyrights.

"In the Grokster case, peer-to-peer file sharing has many non-infringing uses. The entertainment industry should go after the actual criminals who violate copyrights and not seek to restrict an entire class of technology. Some individuals undoubtedly misuse the Grokster file-to-file network to infringe copyrights. But if Grokster disappeared tomorrow, the piracy problem would still exist given the nature of the technology, just as some people still illegally copy movies on DVDs or video cassettes.

"ACU has no sympathy for those individuals who steal other people's intellectual property. Such violators should be prosecuted. Despite the casual piracy of films on peer-to-peer file sharing networks, however, the entertainment industry has not proved this has caused substantial financial harm, especially in view of the industry's own statements that only two of ten movies make money at the theater box office. The Supreme court should reaffirm its decision in the Sony Betamax case."


Click here for ACU's amicus brief.

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