U.S. Copyright Office
Library of Congress
MGM Studios v Grokster

Supreme Court Rules in MGM v. Grokster

On June 27, 2005, the Supreme Court issued its ruling in MGM v. Grokster, ruling that the providers of software that designed to enable “file-sharing” of copyrighted works may be held liable for the copyright infringement that takes place using that software. The Court held that “one who distributes a device with the object of promoting 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.”


Background

United States Files Brief in “File-Sharing” Case

The United States filed an amicus curiae (friend of the court) brief supporting the petitioners (plaintiffs) in MGM Studios Inc., et al v. Grokster, Ltd., No. 04-480 on the Supreme Court's docket. The Supreme Court granted a petition for a writ of certiorari on December 10, 2004. (A writ of certiorari is an order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.)

The Court will decide whether the providers of peer-to-peer “file-sharing” software that is used by great numbers of persons to engage in online copyright infringement can be held liable for those acts of infringement. Argument will be held on March 29, 2005, and a decision is expected by June.

Briefs on the Merits

        Briefs in Support of Petitioners

         Briefs in Support of Respondents

        Briefs in Support of Neither Party

       Reply Briefs

Briefs on Petition for Writ of Certiorari

     Briefs in Support of Petition

         Briefs in Opposition to Petition

  • Grokster, Ltd. (Brief in Opposition)
  • CCIA (Computer Communications Industry Association) and Internet Archive (Amicus Curiae)

Download Zip file containing all briefs (large file).