Black Monday 2005: Two losses in the Supreme Court

Posted by Mitchell - June 27, 2005 (entry 323)

One commentator has already referred to today as Black Monday. Two stinging judicial losses: One is the case of file sharing. I don't think it'll change very much; it just gets punted down to a lower court and doesn't seem to smear technological innovation.

The other -- the Brand X ruling which overturns the Ninth Circuit -- is potentially quite scary. One of the plaintiffs, the Center for Digital Democracy, runs down the possible ramifications. The matter gets handed back to the FCC and Congress, where we have to fight for our right to party keep the internet as a free medium in the U.S.. However, the fight is already underway; I am told that members of Congress are already working on the case, FWIW.

I suppose it was ironic that these rulings came at a time when the website was briefly down. That was the results of some monkeying under the hood. Sorry about that.

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