Crawford: BrandX more important than Grokster. Given that Grokster didn't really decide that much, I'm inclined to agree.

From Professor Geist: "Though not core to the decision, I find Justice Breyer's willingness to question the economic impact of P2P on the recording industry noteworthy. Over the past three weeks, the OECD, FTC, and now the U.S. Supreme Court have all cast doubt on the linkage between P2P and declining music sales. That makes for a strong trio and should help move the debate beyond unsubstantiated claims of a direct correlation between file sharing and the recording industry's bottom line." from the WSJ roundtable. It's remarkable how bad the tech on that roundtable is. No permalinks to individual entries, and it reads backwards, so that the top of the page will forever contain commentary about not being able to comment too much becuase the text of the decision isn't out yet.

Notes from a pro-Grokster press conference.
Of note: "Quite concerned about a new theory of liability will be harmful" --VP of Technology Policy, of the Consumer Electronics Association
"Sony upheld. But if you consider Sony an umbrella and shield, it is now full of holes." --Edward Black, President and CEO of the Computer and Communications Industry Association

Patry: The Court Punts

--Ari