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?