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26 Loy. L.A. Ent. L. Rev. [i] (2005-2006)

handle is hein.journals/laent26 and id is 1 raw text is: LOYOLA OF LOS ANGELES ENTERTAINMENT LAW REVIEW VOLUME TwENTY-SIX 2005 NUMBER 1 TABLE OF CONTENTS ARTICLES BROKEN RECORD: REVISITING THE FLAWS IN SoNY'S FAIR USE ANALYSIS IN LIGHT OF THE GROKSTER DECISION by D avid L. W ardle .............................................................................................. 1 Peer-to-peer file sharing services have been plaguing the music and motion picture industry. With the technology providing users easy and instantaneous access to entire collections of music, the entertainment industry took their case all the way to the Supreme Court. They charged that Grokster and other file-sharing services should be held liable for the copyright violations committed by their users. Over two decades prior, the Supreme Court faced a similar question when Universal City Studios and Walt Disney Productions took the Sony Corporation to court over the Betamax VTR, also alleging that Sony should be liable for the infringements of those using their video recorder. The Court found that the VTR had substantial noninfringing uses and that Sony was not liable. This time, however, the Court found that Grokster intended to induce copyright infringement and could be held liable for the illegal acts of its users. In both instances, however, the Court's analysis is flawed. Instead of trying to discern the intent of the accused, the Court should have examined whether each of the services constituted a Fair Use. Because they failed to do so, the Court has further confused copyright law. NOTES & COMMENTS A CALL TO ARMS: RESCUING UNIVERSITIES AND SMALL BUSINESSES FROM FULLY LOADED PATENTS by Zachary L. LaPrade ................................................................................. 41 Few patents stand to impact the Internet community more so than Acacia Technolo- gies Group DMT patents. The DMT patents claim to cover streaming media, a per- vasive and widely-used technology. The primary targets of Acacia's attempt to li- cense its patents are universities and online businesses. This comment examines some implications of Acacia's licensing strategy and brings to the surface some of

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