Found on a Zune mp3 player blog: one commenter explain how the mp3 player puts DRM on creative commons mp3s automatically, making them subject to the charge of inducing users to violate copyright law.
“Your honor, the federal courts have upheld that despite the substantially non-infringing use of a system, a company’s encouragement of people to trade music files makes them accountable for the infringement of their clients.(re Napster & Grokster) We understand that the defendant is claiming that their distibution method of wrapping files in DRM & time limiting usage makes the action fall under fair use, however we humbly direct the courts attention to the [insert number of CC songs available] songs licensed for distribution under the Creative Commons liscense. The actions of the defendant place their users in direct violation of the terms of this license, and as such, MS, by encouraging the users of Zune products to violate the license – and thus copyright law as they no longer have a legal copy of the music, is a direct contributor to the copyright infringment of it’s users. We feel that the damage done to our clients reaches into the $[asshat number with no relationship to reality] and so ask MS to pay them $[even higher number] to cover our clients losses, their emotional distress, and legal fees. We additionally request an injunction prohibiting MS from further enabling this gross violation of copyright law.”
the cause for action is probably more academic than practical; still it reveals the problems inherent in grokster.