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Intellectual Property and the Grokster Decision

Date: June 28, 2005
Location: Washington, DC
Issues: Judicial Branch


INTELLECTUAL PROPERTY AND THE GROKSTER DECISION -- (Extensions of Remarks - June 28, 2005)

SPEECH OF HON. STENY H. HOYER OF MARYLAND
IN THE HOUSE OF REPRESENTATIVES
MONDAY, JUNE 27, 2005

* Mr. HOYER. Mr. Speaker, I rise today in support of the Supreme Court's decision on Monday, June 27 in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd.

* In a rare 9-0 decision, the Court found ``that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.''

* Grokster and other companies that proactively enable the theft of creative and other protected works should immediately cease this activity.

* MGM Studios v. Grokster is much more than a legal battle involving movie studios, record labels and the technology community. Grokster is fundamentally about ensuring that the creative and copyrighted works of millions of Americans who enrich our lives--including songwriters, musicians, screen writers and other artists--are appropriately protected in this era of rapid technological advancement.

* I acknowledge that artists, as well as movie studios and record labels, have been the beneficiaries of the same creative energy of the technology community that has given consumers new products, such as DVD players and portable music devices. Clearly, technological advancements have fostered the enjoyment of these creative works.

* There must be a balance between protecting the copyrighted works of artists and ensuring technological innovation. However, the unbridled theft of copyrighted works must be stopped, as the Supreme Court has so clearly repudiated this activity. The Court struck the right balance in protecting copyrighted material and innovators in the technology community. It is time for those who created a business model dependent upon infringement to adjust to this new legal standard.

http://thomas.loc.gov

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