Much more is at stake in Metro-Goldwyn-Mayer Studios v. Grokster than the standard for secondary liability under copyright. Ultimately, the Supreme Court must decide whether judges should interpret intellectual property in defense of the existing market structure and to prevent the current paradigm from shifting. This becomes clear when one recognizes that the competing positions in Grokster are representative of a debate between what the author describes as property pragmatists and property idealists.

In the history of warfare, there are a number of examples of strategic uses of asymmetric technologies. Consistent with history and theory, individuals, organizations and nations have spotted opportunities to employ information and communications technologies to gain and exploit asymmetric advantages and to counter asymmetric weaknesses. This article discusses various asymmetries associated with institutions, nations and organizations that influence the ICT-national security nexus.

This paper examines some of the international implications of the U.S. Grokster litigation and the parallel Kazaa case that was recently decided by the Federal Court of Australia. Neither court addressed the international aspects of the holdings. This is a significant gap: P2P products and services are disseminated globally; many of the users of these products and services and a number of the defendants in the cases were located beyond the forum; P2P business models often involve division of corporate activities between different jurisdictions; and the files that are shared on P2P networks often traverse international borders.