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March 1, 2005
Intel: If Betamax Ain't Broke, Don't Fix It
Intel weighs in on MGM v. Grokster:
The clear rule of law this Court announced in Sony has served the nation well for more than 20 years. ...The various tests proposed by Petitioners would require an inventor to predict, at the time it creates a new product, not only how people will use a product that has yet to be designed, let alone introduced in the marketplace, but also which of the various potential uses will ultimately predominate over the other potential uses. Such predications are impossible in the real world, especially since the uses to which products are put routinely change over time.
Digital technologies are by their nature copying technologies; there will always be a risk that any digital technology, however well intentioned its designer, will be put to infringing uses. Faced with impossible predictions about how as yet undeveloped technologies might be used, ambiguous tests that would be unpredictable in their application, and nearly limitless statutory damages for guessing wrong about the unknowable, innovators, such as Intel, would grow timid.
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