Judge takes his time with filesharing decision


Judge Stephen Wilson is putting together a 'speaking order', putting together his thoughts on the case the movie companies and the RIAA have brought against Streamcast. A speaking order outlines the judges thoughts on the arguments brought about by the lawyers in the case, and would directly affect the outcome of any trial or order that would come from the courts regarding filesharing programs, such as Morpheus and Grokster. The decision would probably end up applying to Kazaa too, although they are not directly involved in the case. News.com said this:



Attorneys for the record industry and the movie studios sparred with lawyers for file-swapping services Morpheus and Grokster in federal court Monday, as each side sought a quick resolution to a pending copyright suit against the popular Internet companies.

Both sides are seeking a so-called summary judgment, or pretrial ruling, in their own favor. If federal Judge Stephen Wilson rules in favor of the file-swapping companies, it could enable them to avoid going to trial altogether, or shield them from parts of copyright infringement claims that could end up costing tens or hundreds of millions of dollars in damages.

Wilson showed little inclination to rule immediately on either side's request, saying that before making an actual ruling, he'd likely release a "speaking order" that outlines his thoughts on the case--a process one attorney likened to completing a "rough draft" of an actual decision.



A decisicion by the courts against Streamcast will cast a shadow over the future of any currently legitimate filesharing networks,and could open the doors for financial settlements from the filesharing companies to the movie and record industries, which would ultimately be their demise. More information can be found at News.com or you can discuss this case or piracy issues in the CDFreaks Living room.

Source: News.com

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