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March 2, 2005
Eben Moglen & Co. on Grokster: Look Past the Rhetoric
Rik Lambers of the highly recommended CoCo blog writes: "Eben Moglen has filed his brief on behalf of the Free Software Foundation and New Yorkers for Fair Use. A PDF is available through his blog."
At the heart of Petitioners' argument is an arrogant and unreasonable claim -- even if made to the legislature empowered to determine such a general issue of social policy -- that the Internet must be designed for the convenience of their business model, and to the extent that its design reflects other concerns, the Internet should be illegal.
Petitioners' view of what constitutes the foundation of copyright law in the digital age is as notable for its carefully-assumed air of technical naivete as for the audacity with which it identifies their financial interest with the purpose of the entire legal regime.
Despite petitioners' apocalyptic rhetoric, this case follows a familiar pattern in the history of copyright: incumbent rights-holders have often objected to new technologies of distribution that force innovation on the understandably reluctant monopolist.
Thank you, Rik.
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