File-Sharing Networks Can Be Held Liable

It will be interesting to see if there is any effect on technology development. The SCOTUS focused on "the intent" of the technology and the companies behind the networks. Specifically, they noted a Grokster company memo about ways to lure in Napster users once the courts closed them down. So with intent being the demonstrable key to the case, will this have a chilling effect on engineering meetings, especially discussions of product usage, as any design documentation that acknowledges a potentially criminal use of a product shows an understanding of intent.

It's also important to note that the case was not fully decided; it was sent back to the lower court so the main question now is will Grokster's lawyers be able to develop a strategy to offset the new intent folks.

In truth, I'm more distressed about the emminant domain and media confidentiality decisions.