Digital media firms submit Brandeis briefs in Grokster
Several digital media technology firms have filed amicus briefs "in support of neither party" in the MGM v. Grokster litigation. These so-called Brandeis briefs are aimed at providing the Supreme Court with factual information on available technology to address illegal file-sharing that it could find useful in formulating its decision. This includes a joint brief by Audible Magic, Digimarc and Gracenote, as well as briefs from iMesh.com and Snocap.
The briefs describe technologies such as digital fingerprinting, filtering and watermarking. While the briefs are neutral, of course the implication is that the Court could use this information if it were to decide that product design (or redesign) options should have a place in the secondary infringement liability analysis. They make the argument that integration of these technologies would not impair innovation.
According the Gracenote brief, "Once such technological solutions are integrated into P2P platforms, a legitimate market for file sharing of digital content can flourish, bringing more consumers access to more content, increased compensation to rights holders and greater incentives for Respondents and other P2P networks to compete and innovate in a myriad of ways."
Cathy Kirkman is a partner at Wilson Sonsini Goodrich & Rosati in Palo Alto, California. Her practice focuses on intellectual