Word: opinionizing
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...opinion, written by Justice David H. Souter ’61, sided with MGM on the grounds that Grokster and StreamCast, the developers of Morpheus software, consciously knew that their software was primarily used to pirate copyrighted media and actively promoted such...
...record is replete with evidence that from the moment Grokster and StreamCast began to distribute their free software, each one clearly voiced the objective that recipients use it to download copyrighted works, and each took active steps to encourage infringement,” Souter wrote in his opinion...
Souter’s opinion found evidence of intent to aid copyright infringement from both companies, following the collapse of popular file-sharing service Napster. Their revenue was dependent on their popularity among copyright infringers, he argued, and neither of them tried to develop a means by which copyrighted material could be filtered...
Despite claims that the companies made users agree not to distribute copyrighted material, the opinion found that Grokster and StreamCast both were aware of and actively encouraged illegal file sharing by responding to user e-mail requests for help playing copyrighted movies...
...Court stopped short of clarifying the Sony case further “to add a more quantified description of the point of balance between protection and commerce when liability rests solely on distribution with knowledge that unlawful use will occur,” the opinion stated...