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(cont.)
Comment
David Woods, a litigator with Pinsent Masons, the law firm behind OUT-LAW.COM, described it as a clever ruling.
"Although the permanent injunction that MGM requested for was not granted, the effect of the ruling could well be the same," said Woods. "It seems from the ruling that 'once an infringer, always an infringer', and although StreamCast is still allowed to use its software, it now faces a potentially insurmountable hurdle. It's more of a financial one than a technological one, though."
Woods said the Judge is demanding a filter that is more effective than StreamCast's current system.
"The judge accepts that perfect filters are not realistic. But he is also saying that the company has to pay for the most effective solution that the market can offer. He's unmoved by StreamCast's claim that it can't afford these third party systems," he said.
"In any event, StreamCast's demise could well be sealed by the damages award, which has still to come," said Woods.
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