Supreme Court Weighs Internet File-Sharing Case

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WASHINGTON - Supreme Court justices questioned on Tuesday whether the recording industry's attempts to shut down online file-sharing networks would deter inventors from developing new products like Apple's iPod music player. But the justices also suggested that peer-to-peer networks could be held accountable for copyright infringement because they attracted users by telling them that they could copy music and movies for free. Record labels and movie studios have sued to shut down peer-to-peer software makers like Grokster and Morpheus, arguing that the millions of songs and movies copied each day over these networks have cut into sales. Lower courts have ruled that Grokster and Morpheus can't be held responsible for the activities of their users because, like a videocassette recorder, their software can be used for legitimate as well as law-breaking purposes. The Supreme Court seemed sympathetic to that line of reasoning. Justice Steven Breyer noted that other inventions, from the movable-type printing press to the iPod digital-music player, could be used to illegally copy protected works but have proven beneficial to society. If the court found Grokster liable for the infringing practices of its users, it could have a chilling effect on other inventors, Breyer and several other justices said. "There's never evidence at the time when the guy's sitting in his garage figuring out how to invent the iPod," said Justice David Souter in open court Tuesday.

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