Best blog post today (via Copyfight): Martin Schwimmer's Trademark Blog has a law school exam question:
Client is computer and software vendor. It wishes to introduce its new computer featuring a CD-RW drive and MP3 management software with the advertising slogan: "Rip, Mix, Burn Your Own Custom Music CDs."
Client is a consumer electronics manufacturer. It invents a video recording device. It wishes to say in its advertising that its product allows the user to 'build a library' of his or her favorite shows.
Clients ask you if the advertising actively induces infringement.
IMO the very fact that these are hard questions reveals that the Supremes' ruling on Grokster wasn't nearly as favorable towards innovation as some people (e.g., Kevin Drum, simultaneously wrong and supercilious as usual) have been implying.