[Congressional Record Volume 151, Number 88 (Tuesday, June 28, 2005)]
[Extensions of Remarks]
[Pages E1387-E1388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            INTELLECTUAL PROPERTY AND THE GROKSTER DECISION

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                               speech of

                          HON. STENY H. HOYER

                              of maryland

                    in the house of representatives

                         Monday, June 27, 2005

  Mr. HOYER. Mr. Speaker, I rise today in support of the Supreme 
Court's decision on Monday, June 27 in Metro-Goldwyn-Mayer Studios, 
Inc. v. Grokster, Ltd.
  In a rare 9-0 decision, the Court found ``that one who distributes a 
device with the object of promoting its use to infringe copyright, as 
shown by clear expression or other affirmative steps taken to foster 
infringement, is liable for the resulting acts of infringement by third 
parties.''
  Grokster and other companies that proactively enable the theft of 
creative and

[[Page E1388]]

other protected works should immediately cease this activity.
  MGM Studios v. Grokster is much more than a legal battle involving 
movie studios, record labels and the technology community. Grokster is 
fundamentally about ensuring that the creative and copyrighted works of 
millions of Americans who enrich our lives--including songwriters, 
musicians, screen writers and other artists--are appropriately 
protected in this era of rapid technological advancement.
  I acknowledge that artists, as well as movie studios and record 
labels, have been the beneficiaries of the same creative energy of the 
technology community that has given consumers new products, such as DVD 
players and portable music devices. Clearly, technological advancements 
have fostered the enjoyment of these creative works.
  There must be a balance between protecting the copyrighted works of 
artists and ensuring technological innovation. However, the unbridled 
theft of copyrighted works must be stopped, as the Supreme Court has so 
clearly repudiated this activity. The Court struck the right balance in 
protecting copyrighted material and innovators in the technology 
community. It is time for those who created a business model dependent 
upon infringement to adjust to this new legal standard.

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