The US Supreme Court has ruled against Streamcast et al. I’ve just downloaded the Judgment for a closer look. At first sight, it seems to hinge on intent — i.e. whether a technology was created with an intent to copy or distribute protected material. If that’s what the Judgment really says, then the decision needn’t have the chilling effect on innovation that so many of us feared. But these are deep waters, Holmes, and I’m submerged just now.
Can you imagine the discussion-fest there will be on Blogs tonight? I want to know first what Ed Felten and Larry Lessig think. Neither has said anything substantive yet (17:30 UK time). It will be a long night.
Update: Interesting discussion going on at SCOTUSblog.