P2P or TCM?
P2P software folks can rest easier, according to this view of the Grokster case. If the determining element has to do with the "intent" of the business model, well, the business of sharing music we love is not business now, is it?
Douglas Lichtman: As the opinion makes clear, evidence of unreasonable product design can be considered only if there is also smoking-gun evidence of intent. Indeed, even outlandish design desicions are off limits without the relevant precursor.Another astute observer, Douglas Patry, notes:
I view the Court as having punted: they decided mainly an issue that wasn't in front of them (inducement) and didn't decide the one that was, the effect of Sony in the Internet era.So, the only way the Court could get unanimity was by demonstrating supreme dexterity in the Shell Transfer Protocol known as Three Card Monte?
posted by Tom Matrullo at Monday, June 27, 2005
2 Comments:
"Three Card Monte" is the intellectual property of Sharps Incorporated and protected as such from misuse under international copyright law. As this is a fairly new application of custodial/property rights and much of the actual statute casework is only now being made available, our position thus far is, and will continue to be, lenient, even tolerant, provided our good faith is met with an equivalent attitude of respect and compliance on your part. We ask only that you cease and desist from any and all use of the trademark phrase "Three Card Monte" in any and all public writings, speech, or in any and all other forms of communication for public consumption. Private, casual use is not our concern, but the defamatory linkage of what is a traditional form of amusement, whose cultural origins are deeply embedded in our shared history, with the creation of pseudo-entertainments whose sole purpose is the bilking or conning or gulling or otherwise parting of personal funds from the shallow pockets of the credulous, is.
"Three Card Monte" is genuine entertainment, not theft. To imply otherwise is slanderous.
Use of a copyright and/or trademark brand name for non-franchised purpose without the express permission of the copyright holder is theft, not entertainment. To imply otherwise is to abet that theft.
It is our sincere hope that this matter, and our position on it, will be made sufficiently clear by this letter and its accompanying documents that no other actions will be necessary; though we are more than willing, and legally entitled, to undertake any measures sufficient to protect our economic interests from immanent threat as defined under state, federal, and international law.
Thank you for your attention,
William Cloude Verger, Atty.
Sharps Gaming, Inc.
Las Vegas, NV
Dear Mr. Cloud Verger:
I spoke with your executive secty., Ms. Hillary Tite-Melons, upon receipt of your missive. After careful review of your letter, we agreed that nearly everything in it, other than the limp phrase "sincere hope," belong to Legal Boilerplate. As it happens, I am the proprietor of LegalBoilerplate.com...
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