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March 31, 2005
Grokster Tea Leaves: Justice by Justice
Via Kevin Heller, a breakdown of the oral arguments Tuesday in MGM v. Grokster -- justice by justice:
In all, Justices Scalia, Souter, and Breyer were all squarely concerned about the impact on new inventors and future innovation, while Justices O'Connor, Ginsburg, and Kennedy were most interested in the interpretation of Sony and the merits of the other proposed tests. It was difficult to glean the stance of Justices Rehnquist, Stevens, and Thomas from the oral arguments alone.
My best guess is that the Court will not issue a decision that drastically hurts future technological innovation in general. It was comforting to hear that more than a few Justices recognized possible problems that future innovators would face if they reverse the 9th Circuit based on the existing Betamax doctrine.
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