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Article:
  Grokking Grokster
Subject:   Maybe not that clear a difference.
Date:   2005-07-14 00:08:30
From:   quinnums
Response to: the clear difference

This very illuminating post by Rebecca Tushnet (http://www.scotusblog.com/discussion/archives/2005/06/more_questions.html) , who once clerked for Souter, pointed out that in fact Sony *did* advertise what was held to be an infringing use. She further points out that Apple could be seen to induce as much as Grokster or Sony with the "Rip Mix Burn" campaign- remember, that campaign came out before the iTunes music store. This case is about more than marketing. It comes through in the opinion that marketing matters, but only in a greater context. The murkiness comes from not having a clear understanding of what that greater context is.