This is a matter for Congress to deal with, or not, as the Congress sees fit — not the Court, at least not at this time. The Court has a clear principle, carefully wrought in Sony after extended argument and deliberation no copyright liability for the producer of a product capable of substantial non-infringing use, even if it is used by some for copyright violation. This principle has helped produce wondrous technological and social energy. Why should the Court be pushed to compromising principle with tinkering in order to appease an industry getting bruised by disruptive technology? Internet is a disruptive technology. Get used to it.
RIAA’s strategy of dealing with disruption to the entertainment industry’s current business plan by tinkering with Law is a loser, for Law and for the entertainment industry.
Brief to the Supreme Court Audioblog (4 minutes)