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The Post-Grokster Buzz Phrase: "Chilling Effect"

Before Grokster, arguments raged that a ruling favorable to Hollywood and the labels would have a chilling effect technological innovation. When the ruling was revealed, everyone cast about for a couple of days trying to decide whether it would have a chilling effect on technological innovation. With the dust settled in the post-Grokster age, evidence is emerging that the ruling has a chilling effect on technological innovation. Chilling. Effect. Chilling effect. Innovation. Chilling effect on innovation. Got it? Practice saying it in front of a mirror before your next cocktail party.

Copyright hotshot Lawrence Lessig is quoted in The Guardian describing one symptom of The Chilling Effect: "Money has shifted into places which will avoid any conflict with the copyright holders," says Professor Larry Lessig, the top American advocate for copyright reform. "Why buy a [new innovation that gets you a lawsuit when you can buy a new innovation that doesn't get you a lawsuit?" Lessig is referring to the shift of venture capital investments to safer avenues. The most galling aspect of The Chilling Effect, to whatever extent it actually exists, is the uncertainty of it all. The Supreme Court ruling was threatening enough to intimidate, but too vague to set clear paths of safe invention.
[via Pho]

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