'Grokster' Holds Sway in Labels' Suit, Charter Tells Court

Music label plaintiffs are wrong when they argue the Supreme Court's Grokster decision standards don't apply in their litigation against Charter Communications (see 2108120002), Charter told U.S. District Court in Boulder Monday in its reply supporting its motion to dismiss the lawsuit (in Pacer, docket 21-cv-02020). Grokster said selling a service capable of unlawful use isn't contributory infringement unless there's evidence the defendant also promoted its use to infringe copyright. Charter said district courts in the 10th U.S. Circuit of Appeals jurisdiction routinely apply Grokster to contributory infringement claims, requiring allegations or proof of the defendant’s intent to cause infringement. Outside counsel for plaintiffs didn't comment Tuesday.