Rewrite the brief case

Name
Professor
Course
Date
Brief Case of Grokster Ltd and Stream cast Network Infringement
Metro-Goldwyn-Mayer Studios Inc. v Grokster, Ltd. 545 U.S 913 (2005)
Facts
Grokster Ltd, and Stream cast network, Inc. have promoted free sharing of software products through peer to peer network. The peer to peer network does not require a central computer server thereby solving the issue of high bandwidth capacity server storage space. The transfer of documents, pictures are easily accessible and in a fast manner. Grokster and Stream users have the programs network to share copyrighted documents illegally. The copyright holders sued the networks because of the user’s copyright infringement through the provision of their services. The services enhance the duplication and circulation of copyrighted work that violates copyrighting Acts.
According to a study conducted by a MGM’s commissioned statistician, it showed that about 90% of the files that are readily accessible for download were copyrighted. However, Grokster and Stream cast networks defend themselves by disputing this figure and argue that they have no knowledge as to when the files are copied. They also argue that free copying and the copyrighted works could have been authorized by the holders of the work. Moreover, they argue that most of the musical performers have obtained streams of new fanatics through the distribution of their copyrighted works for free through peer to peer networks. Stream cast had to give away a software program known as Open Nap designed to be compatible with Napster programmer.

Open Nap was meant to provide to more than 50 million users. It was later launched as a system software by the Grokster who re-named it Swaptor. They installed programing codes in its website to detect cases where any computer user using web mechanisms to access Napster or free file transfer would be taken through Grosser’s Open Nap system.
Issue
Is a provider of a service that may be lawfully or unlawfully used accountable for activities of copyright violation by third accomplices who use the provider?
Decision
According to the ruling by the court, the individuals whom the Jokester and Stream cast network software’s allowed passage to copyright documents, had infringed MGM’s copyright. The court ruled in favor of Grokster and Stream cast network in regard to liability that cropped from the usage of their software.
Reason
Some circumstances arise where the service provider is countable for the copyright infringement of a third accomplices of the services offered. The court acknowledged that accessing copyrighted works digitally had created threat and tension to the copyright holders since any copy was similar to the original version. Copying was made easy as many people used file-sharing software to download copyrighted works. The court further argued that a large percentage of copyrighted media was downloaded through Grokster and Stream cast, therefore, imposing an indirect liability would be convincing. In addition, the court sought that it is impossible to enforce the protection of work rights against infringements when products widely shared are involved in committing infringement. The court again argued that it was mindful to staying away from trenching on business or going against technology development with lawful and unlawful potential.
In conclusion, Grokster and Stream’s cast showed enough proof of intention to violate. They all aimed at satisfying a universal need for copyright infringement through former Napster users. Stream cast’s internal media created a reference to Napster’s. Also, none of them attempted to create filtering tools to deal with issues of infringement in their software. They gained profits by trading advertising space through the use of ads that pop on the user’s screen. As the records showed the more the software was in use the more the ads were being displayed and hence an increment in their revenue. The enterprise is termed as infringing, as any provider of a service that prompts infringing activities is countable for the acts of infringement by the third party.