Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

A Member of the Law Professor Blogs Network

Tuesday, March 13, 2007

Legal Realism and the Sony Case

Peter S. Menell, University of California, Berkeley, Boalt Hall, and David Nimmer, Irell & Manella, have published "Legal Realism in Action: Indirect Copyright Liability's Continuing Tort Framework and Sony's De Facto Demise." Here is the abstract.

The Supreme Court's indirect copyright liability standard, derived in Sony Corporation of America v. Universal City Studios from patent law and reasserted in Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., is widely seen as creating a safe harbor for distributors of dual use technologies. Yet, when one looks to cases decided since Sony, legislative enactments, and the decisions of technology companies in the marketplace, a very different reality emerges. This article explores and explains the broad gulf between the idealized (and idolized) Sony safe harbor and the practical reality. It shows that the law in many respects reflects the tort principles that undergird copyright liability more generally.

Download the entire paper from SSRN here.

http://lawprofessors.typepad.com/media_law_prof_blog/2007/03/legal_realism_a.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d8342b6f7e53ef

Listed below are links to weblogs that reference Legal Realism and the Sony Case: