The MPAA and RIAA filed the appeal in October, after the Ninth Circuit Court of Appeals decided to throw out a copyright case brought by the industry against Streamcast Networks Inc., the company behind the Morpheus file-sharing software, and Grokster Ltd, on the grounds that, while the companies provide the software used by file-sharers to swap illegally copied digital files, the software can also be used for legitimate purposes.
The Supreme Court has not yet decided whether to hear the appeal, but the deadline for parties to put forward submissions in favour of or against the hearing of the appeal passed on Monday, the day on which StreamCast and Grokster submitted their joint filing.
The companies argue that the Ninth Circuit correctly applied the rule set out by the Supreme Court 20 years ago in a case concerning Sony's Betamax video recorder, which had been accused of infringing TV and movie studios' copyrights.
Sony won the case because the machine had significant non-infringing uses.
"Morpheus is used for substantial non-infringing purposes, and, therefore, the Betamax standard applies, resulting in StreamCast not being secondarily liable for any direct infringing uses by users of Morpheus," said StreamCast's general counsel, Matthew A Neco. "It is our belief that there is no need for the Supreme Court to review the matter."
The request by the MPAA and RIAA joins those that have already been put to the Supreme Court, mostly from state attorney generals, industry associations and artists – and mostly in favour of the appeal being heard.
The Supreme Court is not expected to make a decision for several months.