A take on the Grokster decision – Tim is now a fellow at Berkman. I never really said much about Grokster but what the Court did to the Sony bright-line test bothers me for exactly the reasons outlined in the Berkman brief (and explained by Tim here) — the same things that are said about Grokster’s infringing use could be just as easily applied to the iPod, or any other truly innovative new device or piece of software. And in that way, this decision is not only disappointing, but also chilling, in that it discourages real innovation. Which I guess is something that modern-day copyright law is really trying to do anyway, the Constitution be damned.