Justices skeptical in song-swapping case

[LostInSpace]

WASHINGTON (CNN) - High-tech reached the nation's high court Tuesday as Supreme Court justices questioned whether online file-sharing networks could be held accountable for copyright infringement.

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For the justices, the debate came down to two competing arguments: whether software companies induce or encourage Internet piracy and profit from it, and whether computer innovation would be stifled under perpetual threat of lawsuit.

Justice Stephen Breyer pointed out Xerox copiers, videocassette recorders, iPod music players, and even the Gutenberg press had the potential of abuse by consumers: "In each case there could be vast numbers of infringement illegal uses," he said, but he added that the benefits to society from those inventions were incalculable.

Justice Antonin Scalia wondered whether innovators would be punished immediately after creating a new product if the entertainment industry had a legal veto. "If I started a business now, how do I know how to proceed?" he asked. "If I'm a new inventor, I'm going to get sued right away."

"There's never the intent to break the law when the guy is in the garage inventing the iPod," added Justice David Souter.

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