EFF: Grokster Loss Could Cripple Open Source

WASHINGTON — The U.S. Supreme Court will hear oral arguments this week in MGM vs. Grokster, a case that, on the surface, pits Hollywood heavyweights against a handful of peer-to-peer software companies.

At issue is whether P2P companies and file-sharing networks are guilty of contributing to copyright infringement when their products are used to download protected movies and music.

But Cindy Cohn, legal director of the Electronic Freedom Foundation, the organization defending Grokster, said the case could have much wider repercussions that, in effect, cripple technological innovation based on free and open software platforms.

“We’re used to a world in which you have a good idea, [and] you just build it,” Cohn said. “That freedom has created a space for a tremendous explosion of technology… including the Linux and open source stuff.”

Cohn said the ability to copy and share code is a fundamental driver of new technologies.

“Innovation happens this way,” Cohn said. “People build on each other and the ability to have access to the source code and the ability to change the source code is part of the fundamental way of doing good development.”

This view echoes the Free Software Foundation's four freedoms, which hold that everyone has the right to use, modify and distribute software, including source code as well as any modifications.

According to Cohn, if the Supreme Court comes down on the side of MGM, developers will no longer enjoy those freedoms.

“I know that a lot of geeks don’t like to think about the law, and it’s part of my job to make sure that you don’t have to think about the law,” Cohn said. “What it will mean for U.S. Linux developers [if Grokster loses] is that they’re not going to be able to participate…. They’re not going to be able to innovate in this space, because they could be liable.”

But the recording and movie industry organizations that brought suit against Grokster argue that file-sharing actually hampers innovation.

“The Groksters of the world are not innovators,” said Mitch Bainwol, chairman and CEO of the Recording Industry Association of America. “They are parasites who hide behind technology as they steal from the artists that create entertainment. They jeopardize the incentives to create new artistic works for society to enjoy.”

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Strike 3 Holdings Sues Meta for Pirating Vixen Media Group Content to Train AI

Vixen Media Group owner Strike 3 Holdings filed suit in federal court this week, accusing Facebook parent company Meta of copyright infringement and alleging that Meta has extensively pirated VMG content to train its artificial intelligence models.

Pineapple Support, Streamate to Host 'Navigating Grief and Loss' Support Group

Pineapple Support and Streamate are hosting a free online support group to help performers cope with grief and loss.

Friday is Final AV Compliance Deadline in UK

Friday, July 25 marks U.K. media regulator Ofcom’s deadline for user-to-user services such as tube, cam and fan sites to implement its requisite “highly effective age assurance” measures for preventing minors from viewing adult content.

AEBN Publishes Popular Searches for May, June

AEBN has released the top search terms for the months of May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Ofcom Releases Transparency Reporting Guidelines

Ofcom, the U.K. media regulator, has made public its official guidance detailing how online service providers — including adult sites — will be required to publish annual transparency reports on their efforts to protect children from online harms.

New AV Rules Take Effect for Ireland-Based Sites

Ireland’s Online Safety Code came into force Monday, including a provision requiring adult sites headquartered in Ireland to implement age assurance measures beyond self-declaration.

XBIZ Amsterdam Calls on New Startups for 'Spotlight' Program

XBIZ is pleased to announce that its new “Startup Spotlight” programming will make its European premiere at XBIZ Amsterdam 2025, set to take place Sept. 2-5 at the Jakarta Hotel Amsterdam.

Texas Resumes AV Lawsuit Against Aylo Following SCOTUS Decision

A district court judge in Texas has unfrozen the state’s $1.6 million lawsuit against Aylo for allegedly failing to comply with age verification requirements, Bloomberg Law is reporting.

JuicyAds Wins Trademark Infringement Case Against Fraudulent Domain

JuicyAds has won its World Intellectual Property Organization (WIPO) case against a website using a similar domain to impersonate the company's site and defraud customers.

Anissa Kate, Jordan Starr Top AEBN for Q2 of 2025

AEBN has published its top-selling stars for the second quarter of 2025, with Anissa Kate landing atop the leaderboard for straight theaters and Jordan Starr heading up the gay rankings.

Show More