The accused copyright infringers, Grokster
and StreamCast, ran a peer-to-peer file sharing systems whose primary uses were to exchange copyrighted music among users without permission from the copyright holders.
Consequently, Aereo now finds itself in the same dustbin of history as its equally inefficient comrades Aimster, Grokster
, Morpheus, KaZaA, LimeWire, Hotfile, isoHunt, and, more recently, Grooveshark.
36) While the general rule for secondary liability for copyright infringement precludes fault if a distributed product is capable of significant lawful purposes, (37) the affirmative steps taken by Grokster
and Streamcast were sufficient for a finding of liability under the theory of inducing copyright infringement.
held that Son), remains good law absent inducement.
employed by Grokster
(known as "Gnutella" technology), which
After the US Supreme Court ruled against another P2P service Grokster
in 2005, most major P2P companies closed their services.
Pomerantz told jurors that Gorton transferred the money three days after the US Supreme Court ruled in 2005 that Grokster
, another music-sharing program, could be held liable for infringement.
The significant settlement underscores the Supreme Court's unanimous ruling in the Grokster
case-designing and operating services to profit from the theft of the world's greatest music comes with a stiff price," said RIAA chairman Mitch Bainwol in a statement.
Napster and Grokster
Restricted the Promotion of Unrestrained
53) For instance, in Grokster
, Judge Thomas cautioned against steadfast legal adaptation in times of rapid technological change:
This edition contains updated case law, including the Supreme Court's decisions in the Grokster
, KSR, e-Bay, and Microsoft, cases; Federal Circuit Court developments, such as its en banc decision in Phillips v.
initiated by MGM because Grokster
and Streamcast's peer-to-peer