“They will say that these new standards justify a new measure, and they have a chance at winning. “The plaintiffs are going to go back aggressively and ask for an immediate injunction to stop Streamcast from profiting and distributing its product,” Gibson said. The Supreme Court’s decision means that it will likely return to the same lower courts, although Gibson predicts that the media companies will likely seek an injunction against Streamcast. A jury might view the facts differently and it could go to a jury.” Previous to the Supreme Court’s decision, Streamcast had won consecutive victories from a lower district court in Los Angeles and the United States Court of Appeals for the Ninth Circuit in San Francisco. All the facts that the Supreme Court recited were seen in the way most favorable to the plaintiffs. “When one party wins a summary judgment, the appellate court looks at the facts of the case in the most favorable light of the losing party. It all depends on the way that the appeal is handled,” Gibson said. “There’s a chance that the defendants can still survive. We have to prove that we haven’t induced people to do anything illegal and we think that we can do that without a shadow of doubt.” James Gibson, a professor of intellectual property and computer law at the University of Richmond School of Law, believes that Streamcast still has a chance to win in court. “When you step back and take a look at it, it makes sense. “When you take a look at what the Supreme Court said, they maintained that companies should not be allowed to profit from illegal activities,” Weiss said. But though its future remains anything but certain, Weiss maintains that his 24-employee company will continue to fight for its life. If Streamcast ultimately loses, the amount of money it would be forced to pay could sink the company, industry watchers speculate. #Streamcast morpheus software#Streamcast insists that it is only a software developer and has little or no involvement with what the downloaders on its network do. This coalition is alleging that Streamcast, through its software program Morpheus, is aiding and abetting music and film piracy on the web. Because of a stunning unanimous decision handed down by the United States Supreme Court, Streamcast Networks, along with fellow defendant Grokster, will be having its day in court against the Recording Industry Association of America, the Motion Picture Association of America and 27,000 various music publishers and songwriters. The fat lady might not have sung, according to Michael Weiss, president and CEO of Woodland Hills-based Streamcast Networks, but if she hasn’t yet begun to croon, she’s certainly warming up her vocal cords.
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