In yet another landmark decision, the Supreme Court has ruled against Grokster. Now, upon first examination, I thought this was a very bad thing. However, reading the Groklaw article on the ruling has put some of my fears to rest.
In fact, the Sony decision isn’t infringed upon. From the decision:
We hold that one who distributes a device with the object of promotion its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.
Basically what sets this case apart is the fact that Grokster was marketing specifically for illegal activities. It wasn’t just turning a blind eye; it was assisting in the act.