bato offers the opinion that the Supreme Court would have been better off leaving the issue of copyright infringement to be solved by Congress.
Detailing the rationale of the Justices in the Grokster case, Lobato recalls Justice SouterÆs determination that the common-law concept of inducement infringement, where the criminals induce others to commit crimes, is the proper legal principle on which to rule the case, rather than the concept of contributory liability. Lobato then reflects on the reactions of other Justices to this opinion, still concluding in the end that the outcome of the Grokster case has done little to curb continued copyright infringement and that the courts may not be in a position to deal with this question of policy in an adequate manner; Congress, he feels, is probably in a better position to do so. In fact
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