January 25, 2005 2:17 PM PST

Hollywood's Pandora's Box?

"Grokster and StreamCast are simply digital-age versions of the record sellers or dance-hall operators that, when facing liability for failing to supervise or control the infringement from which they directly profit, seek to evade that liability by leaving the dirty work to others."

Strong words but this is blood sport. If the entertainment industry gets its way, kiss Grokster and StreamCast goodbye. But if the Supreme Court decision does agree to overrule prior rulings of the (admittedly, sometimes daffy) 9th Circuit on Internet file swapping, what happens to the Sony Betamax decision? That was the ruling that made it legal to sell videocassette recorders two decades ago. No doubt the plaintiffs don't want to upset that finding but the law can be a blunt instrument.

Beyond the technicalities, the fact that the opposing sides failed to reach an earlier accommodation speaks volumes about their short-sightedness. It's always hard to adapt to new technology, even though some bright bulb eventually figures it out. Case in point: Apple's spectacular success with the iPod. Nowadays the use of online music stores is American as apple pie. It wasn't always so. The entertainment studios took an eternity before giving the concept their benediction.

Hollywood is about to open a Pandora's Box, I hope it knows what it's doing.

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