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Law & Policy

Little chance of Grokster overrule

Congress happy with precedent...

Tags: file swapping, grokster, file sharing

By Declan McCullagh

Published: 28 June 2005 09:05 BST

The US Congress appears reluctant to step into the long-simmering debate over file swapping that received new fuel from a landmark court ruling on Monday.

Key politicians from both major political parties said they were inclined to let the lawsuit, MGM v Grokster, proceed through the court system before deciding whether to alter copyright law. On Monday, the US Supreme Court handed the case back to the ninth Circuit Court of Appeals for a full trial.

Patrick Leahy, the top Democrat on the Senate Judiciary Committee, said through a spokeswoman that he "is going to let the courts continue their role in reviewing the next phase of this case".

Senator Orrin Hatch, the Utah Republican who heads an intellectual property subcommittee, said: "Prudence and respect for the role of the courts suggest Congress wait until it becomes clear how today's decision will play out in the lower courts before there is a rush to legislate."

It's common for Congress to respond to court rulings with legislative tinkering, and many observers were predicting that the loser in this case would ask politicians for help. In a concurring opinion on Monday, Justice Stephen Breyer practically invited action from Congress, noting that "the legislative option remains available".

But Monday's unanimous opinion - which largely sided with record labels and movie studios but did not go as far as they had hoped - seemed to quell any thoughts of an immediate legislative response.

The Bush administration, in a statement from Attorney General Alberto Gonzales, applauded the ruling. So did Rep John Conyers, the senior Democrat on the House Judiciary Committee, who called it a "victory" for consumers and content creators.

Rep Mary Bono, a California Republican who is the co-chair of the Recording Arts and Sciences Caucus, said through a spokeswoman that she "is extremely pleased with the outcome of the Supreme Court decision and will look to ensure that no legislation threatens their ruling".

Declan McCullagh writes for CNET News.com

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