Grokster Watch

So just about all of my professional peers are on a Grokster opinion watch. Unless something weird happens, the opinion should come out either this Monday (June 20) or next (June 27). As this Monday grows closer, our collective anxiety level will go up. Is today the day? What will the court say? We’re all on pins and needles!

I’ve heard lots of predictions. Predicting Grokster has turned into a modern-day parlor game. I don’t have any special insight, but FWIW, here’s mine: Supreme Court reverses the Ninth Circuit, but writes a narrow opinion that effectively limits itself to the Grokster facts–thus avoiding broad pronouncements on contributory liability generally or a major recasting of the Sony doctrine.

Whatever the Supreme Court rules, I further predict that Grokster–and all of us–lose eventually. Either the Supreme Court reverses the Ninth Circuit or I predict that Congress will reverse the Supreme Court statutorily. Personally, I’d favor a narrow Supreme Court reversal over seeing Congress screw up any effort to draw lines between legitimate and illegitimate contributions to infringing activity.

UPDATE: C.E. Petit says that Thursday June 23 also could be the day, as the Supreme Court has also said that it will release opinions then.