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HD DVD Battle Stakes Digg Against Futility Of DRM

Publication Date: 
May 03, 2007
Ryan Singel

Professor Mark Lemley is quoted in Wired News:

"Stanford University law professor and intellectual property expert Mark Lemley said he believes Digg will lose the case, but would face significantly greater legal risks if the Justice Department stepped in to file criminal charges based on the notion that Digg allowed the posts for purposes of commercial advantage or private financial gain. In that case, the violations would be criminal and the damages could go as high as $1 million each."

"'I could imagine a court reaching to extend liability based on the argument that you are doing this to build loyalty and make more money,' Lemley said. 'That argument carried the day in the case against Napster, but even then it's not clear this is a bet-the-farm situation.'"