06 November 2006

US - Bad Facts Make Bad Law: The Perils of Filtering in a post-Grokster World

(Free Expression Policy Project)
by Marjorie Heins. Music-loving teenagers may have been disappointed by the Supreme Court's decision last year in MGM v. Grokster, condemning peer-to-peer file-sharing networks. But the full implications of that case are just beginning to be played out. One of the most troubling such implications has to do with the deceptively simple 'quick fix' of using filtering software to prevent access to copyrighted works. A decision from the federal district court last month, on remand from the Supreme Court in Grokster, dramatizes the filtering dilemma.