Rather than try to outwrite the law professors and pundits, I chose not to blog about the Supreme Court’s decision in Grokster right away.
I agree that the Court has punted the hard decision of deciding how to apply Sony – the majority opinion avoids the issue, and the two concurring opinions take different stances. Too bad, rather than provide some helpful guidance the Court has left the water muddied. Other than to the parties involved, this case will have little actual effect, I fear. We’ll see now what happens when the case is remanded.
