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	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Grokster and StreamCast's efforts to supply services to former Napster users, deprived of a mechanism to copy and distribute what were overwhelmingly infringing files, indicate a principal, if not exclusive, intent on the part of each to bring about infringement.
		Grokster and StreamCast contend that any theory of liability based on their conduct is not properly before this Court because the rulings in the trial and appellate courts dealt only with the present versions of their software, not "past acts...
		Grokster and StreamCast, in the Court of Appeals' view, would be entitled to summary judgment unless MGM could show that that the software companies had knowledge of specific acts of infringement and failed to act on that knowledge--a standard the court held MGM could not meet.
	caselaw.lp.findlaw.com /scripts/getcase.pl?court=US&vol=000&invol=04-480 (14412 words)

	CDT \| Policy Post 11.17, July 01, 2005
		However, the 9th Circuit Court of Appeals had previously held that Grokster and Streamcast could not be held liable, relying on the pivotal 1984 Sony Betamax case, which held that VCR manufacturers were not liable for illegal copying by their customers.
		CDT filed a friend of the court brief in the Grokster case, and was one of several parties urging a balanced approach that would hold the P2P companies liable for their actual bad behavior, but not for merely providing a technology that some (or even most) people choose to misuse.
		In a unanimous 9-0 ruling, it stated that Grokster and Streamcast could be liable for "purposeful, culpable expression and conduct" aimed at inducing users to engage in infringement.
	www.cdt.org /publications/policyposts/11/17 (1277 words)

	SCOTUSblog - Discussion: Grokster Archives
		Grokster ruling and the Seventh Circuit Aimster dicta to divine the scope of the Betamax defense.
		Grokster wasn’t likely to get away with being a clever Napster any more than, to recall Mill’s famous example, a clever inciter would get away with saying to a mob “corn dealers are starvers of the poor” instead of “storm the farmhouse.” And the Court doesn’t generally grant cert.
		Grokster’s defenders kept pushing for an equally untenable 99.9% rule: if a technology, no matter how much it is used to infringe, is theoretically capable of a noninfringing use, then no contributory liability.
	www.scotusblog.com /discussion/archives/grokster/index.html (8811 words)

	Opinion in MGM v. Grokster, 4/25/03.
		Grokster case, CV-01-8541, Plaintiffs are organizations in the motion picture and music recording industries, and bring this action against Defendants for copyright infringement, pursuant to 17 U.S.C. §§ 501, et seq.
		Rather, characteristic of the evidence cited are (1) a handful of isolated technical support e-mails from Grokster and StreamCast employees sent in response to users who encountered difficulties playing copyrighted media files;[9] and (2) evidence of previously unmoderated discussion forums in which some Grokster users searched for, and discussed the propriety of exchanging, copyrighted files.
		Grokster and StreamCast are not significantly different from companies that sell home video recorders or copy machines, both of which can be and are used to infringe copyrights.
	www.techlawjournal.com /courts2001/mgm_grokster/20030425.asp (7384 words)

	IEEE Spectrum: The lessons of MGM v. Grokster (Site not responding. Last check: 2007-11-02)
		Grokster) resembled the climax to the original Star Wars movie as the minutes ticked down to when the Death Star could destroy the rebel base.
		But while most of the attention focused on the immediate impact on Grokster and similar file-sharing services, a deeper issue was at stake: the balance between the rights of technological innovators and of those who own artistic works.
		Much of the anticipation of the Grokster decision resulted from the fact that it had been decades since the Supreme Court had fully addressed such questions in its landmark 1984 decision in Sony Corp. v.
	www.spectrum.ieee.org /jan06/2623 (674 words)

	Download Grokster v2.6 (freeware)
		Grokster is a full-featured P2P file-sharing application that allows users to search for all types of digital media across the FastTrack network; other programs sharing media through FastTrack include Kazaa and Morpheus.
		Grokster is neither central server-based, like Napster, nor based on the Gnutella file-sharing protocol.
		Grokster also simultaneously transfers content files from multiple sources for fast downloads of large files, even from users with slower connection speeds.
	www.filepedia.com /p2p_software/p2p_applications/grokster.cfm (219 words)

	Timothy K. Armstrong : (Site not responding. Last check: 2007-11-02)
		As expected, Grokster argued that the Sony rule was necessary to protect innovation, and noted the large industries that had grown up expressly relying on the “capable of substantial noninfringing uses” test.
		Grokster’s lawyer conceded, as he had to, that one of the reasons Grokster designed its software as it did was to avoid the Ninth Circuit’s decision in the original Napster case (which held Napster liable because its centralized file database gave it actual knowledge of what its users were doing).
		Addressing the relief MGM was seeking, their lawyer said: Grokster is a machine built upon inducing infringement and we are entitled to an injunction shutting it down.
	blogs.law.harvard.edu /tka/2005/03/29 (1632 words)

	[No title]
		Grokster case, which opened the doors for lawsuits against companies that create applications that "encourage" copyright infringement.
		The text on Grokster's website is reminiscent of the antipiracy message displayed at Elite Torrents shortly after an FBI raid.
		Grokster's prospects of resurrecting itself as a "legitimate" business à la Napster 2.0 appear bleak (especially given the new Napster's lack of success); consumers still have plenty of other alternatives to find the movie and music they want, legitimate or otherwise.
	arstechnica.com /news.ars/post/20051107-5536.html (570 words)

	Grokster 1.6 Reviews. Software Reviews by CNET. (Site not responding. Last check: 2007-11-02)
		Sure, the built-in adware and spyware are troublesome, but at least Grokster is more up-front about using those programs than some other apps--we're thinking of one notorious piggybacker in particular.
		In Grokster's FAQ, the programmers claim that one "necessary" program called Cydoor isn't spyware because the company admits up front that it's there, and it serves only banners.
		Grokster's interface is well laid out in five different sections; tabs along the top let you navigate among them.
	reviews.cnet.com /Grokster_1_6/4505-3513_7-20372423.html (885 words)

	FindLaw's Writ - Hilden: The Supreme Court Finally Steps Into The Fray Between Online File Swappers And The Major Movie ...
		Grokster is very likely to be one of the landmarks of this term.
		Their theory of liability holds that Grokster and StreamCast are responsible for the software users' copyright infringement - either because they contribute to users' infringement, or because the infringement is, in effect, their own.
		Grokster case: Like VCR makers, they, too, provide a means that enables copyright infringement on the part of some users, but not of all users.
	writ.news.findlaw.com /hilden/20050215.html (2065 words)

	BBC NEWS \| Business \| Grokster quits file-sharing fight
		Under the deal, Grokster is permanently banned from taking part in the spread of copyrighted music and movie files.
		Grokster's website was changed on Monday and now says its existing peer-to-peer (P2P) service was illegal.
		Grokster users will still be able to copy music, movies and software directly from each others' hard drives, as the decentralised nature of most peer-to-peer software makes it impossible to control once it is released on the internet.
	news.bbc.co.uk /2/hi/technology/4416484.stm (492 words)

	Grokster - Free Software Downloads and Software Reviews - Download.com (Site not responding. Last check: 2007-11-02)
		Grokster is a peer-to-peer (P2P) file-sharing program that allows its users to share all types of digital files through its proprietary network.
		Grokster's features include family and virus controls to help filter out unwanted content; detailed search capabilities; resumable downloads; file previews using Windows Media Player; and a built-in audio playlist.
		Grokster sometimes tries to restart your computer, displays many advertisement notes and banners, and installs a load of adware and spyware posing as search utilities and so forth.
	www.download.com /3000-2166-10061303.html (287 words)

	Grokster teams with P2P radio \| Tech News on ZDNet (Site not responding. Last check: 2007-11-02)
		The service, called Grokster Radio, does not allow people to download tunes, but it lets users stream and listen to high-quality versions of specific songs--even music that is not available through download software like Apple Computer's iTunes.
		Because it is a streaming Web radio service, which pays copyright fees for every song that somebody listens to, Mercora executives say their service abides by the mandates of copyright law, even though it comes much closer to offering on-demand music than do most previous Webcasting services.
		Grokster will continue to distribute its own peer-to-peer software, which allows people to search for and download music without permission from, or any payments to, the record companies.
	news.zdnet.com /2100-9588_22-5453304.html (654 words)

	USATODAY.com - File-sharing Grokster plans to go legit (Site not responding. Last check: 2007-11-02)
		Grokster had argued that it merely provided file-swapping software and wasn't responsible if customers used it to pirate music.
		Grokster usage has dropped so much since the Supreme Court case that it's "almost a fringe community," he says.
		Grokster isn't distributing its software anymore, but the thousands of copies already downloaded still work.
	www.usatoday.com /news/washington/2005-11-07-grokster-piracy_x.htm (472 words)

	mgm v. grokster
		The Ninth Circuit held that Grokster was not liable for contributory infringement because it lacked sufficient knowledge of the infringement and it did not materially contribute to the copyright infringement.
		Based on this finding, the court held that Grokster could not be found liable for mere constructive knowledge, but must have had reasonable knowledge of specific infringement at the time it contributed to the infringement.
		While MGM argued that Grokster could alter the file-sharing software to control user access, the court noted this was not a viable option because the software resided on the computers of the users and not on a centralized server.
	law.duke.edu /publiclaw/supremecourtonline/certgrants/2004/mgmvgro.html (383 words)

	Supreme Court's unsound decision - Salon (Site not responding. Last check: 2007-11-02)
		Grokster and Morpheus (StreamCast's version of the same idea) instead left the indexing to the users themselves.
		Grokster's lawyers argued that in this case the company could do nothing to stop users from sharing music and wasn't responsible for any infringement.
		The decision is a clear loss for Grokster and StreamCast, two companies that set out to be "the next Napster." But it's hardly a loss for copyright infringers and open-source peer-to-peer software developers: More than 100 million working copies of peer-to-peer interface software run on computers all over the world.
	dir.salon.com /story/news/feature/2005/06/28/grokster/index_np.html (787 words)

	TCS Daily - Grokster at last!
		Grokster, the decision yesterday was surprisingly crisp, clear, and reasonable.
		Grokster, boiled down, are that Grokster was a P2P -- peer-to-peer -- service created to fill the niche vacated when Napster was suppressed.
		In particular, the Court identified as relevant evidence that Grokster was exhibiting "a patently illegal objective" not just by such things as e-mails saying "let's steal" but also by a "failure to develop filtering tools or other mechanisms to diminish the infringing activities," and by having a business model predicated upon infringement.
	www.tcsdaily.com /article.aspx?id=062805F (1144 words)

	Hollywood triumphs in piracy fight - Jun. 27, 2005
		In Grokster, the court did not address the question of whether the technology at issue in the case -- known as file-sharing, or "peer-to-peer" -- is illegal.
		The Grokster case was the second major battle in a piracy war that erupted in 2000, when a nascent company then known as Napster operated a centralized directory of songs that users could download for free.
		Grokster and StreamCast Networks argued that they should not be held responsible for illegal activity using their software.
	money.cnn.com /2005/06/27/technology/grokster (1353 words)

	Grokster Shuts Down , Downloading Service Ceases Operations After Piracy Lawsuit - CBS News
		Grokster's Web site was changed to display a message that its file-sharing service was illegal and no longer available.
		A new fee-based version of Grokster's software, which will permit only legal downloads, will be available within 60 days from a new parent organization, according to one executive involved in the deal.
		Grokster's decision was not expected to affect Internet users who already run the company's file-sharing software to download music and movies online, nor was it expected to affect users of rival downloading services, such as eDonkey, Kazaa, BitTorrent and others.
	www.cbsnews.com /stories/2005/11/07/tech/main1020741.shtml (774 words)

	Grokster to be reborn by year's end \| The Register
		Indeed, confirming earlier speculation that Grokster and Mashboxx were in acquisition talks, our source claimed the two reached an agreement to combine forces in June this year - just a month before the US Supreme Court was to rule that P2P companies who promote copyright infringement could be brought to book by copyright holders.
		For the immediate future, Mashboxx and Grokster will remain separate brands, even though both are now run by the same company and the two clients are, to all intents and purposes, the same.
		Grokster has the mind-share, but is tarnished by its past.
	www.theregister.co.uk /2005/11/09/grokster_3g_release_date (586 words)

	Last waltz for Grokster \| CNET News.com
		Grokster's co-defendant, Morpheus parent StreamCast Networks, remains operating, and it has previously indicated that it would continue fighting the case in lower courts.
		A Grokster attorney declined to provide additional details on the settlement, or specifics on the ultimate future of the company, but said an authorized download service would ultimately emerge.
		Visitors to Grokster's Web page on Monday were met with a terse explanation of why the software was no longer available, citing June's Supreme Court ruling, and a promise that a new version would come.
	news.com.com /Last+waltz+for+Grokster/2100-1027_3-5937832.html (724 words)

	WRAL Local Tech Wire: business, technology, biotechnology, and venture capital news from across the southeastern region (Site not responding. Last check: 2007-11-02)
		The up-coming fight in the Supreme Court in the Grokster case is over the standard to be used to determine when “secondary” liability is incurred by providers of P2P technologies and networks.
		The Grokster case is not about the legality of uploading or downloading copyrighted music, movies and other files using P2P technologies and networks.
		The copyright owners also claim that a Grokster win will cause a decline in the creation of music, movies and other copyrightable works, since it will be difficult to enforce copyrights related to such works in a P2P world absent secondary liability of the providers of P2P technologies and networks.
	www.localtechwire.com /article.cfm?u=10705 (1520 words)

	Grokster: Why You Should Care \| Bayosphere (Site not responding. Last check: 2007-11-02)
		The Grokster decision, if I understand it correctly, only says that someone can be sued, it doesn't provide any further leverage against Grokster and others (someone please correct me if I'm wrong).
		Grokster was clearly pushed, initially, as a way to download unlimited amounts of software without regard for legality.
		This seemed to be a case where "everybody knew" the defendants were guilty, but there was no appropriate law (hence all the non-guilty decisions in the lower courts).
	bayosphere.com /blog/dangillmor/062805/grokster_why (1176 words)

	Slyck News - Interview With the President of Grokster
		Grokster: We at Grokster are obviously very happy with the Judge’s decision.
		Grokster: The plaintiffs have commented publicly that they intended to appeal the ruling, so we assume they will and we will, of course, fight the appeal.
		Grokster: Grokster does not operate a Supernode server or a server with IP addresses or any type of server that interfaces in any way with the operation of Grokster or FastTrack with the exception of ad serving via the Start page.
	www.slyck.com /news.php?story=145 (654 words)

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