To follow up on the innovation topic

While reading the intel brief, this caught my attention:

III. B. If This Court Were to Reject Sony in Favor of One or More of the Alternative Tests Urged by Petitioners and Their Supporting Amici, Intel and Other Technology Innovators Would Innovate Less Since Uncertain Liability Standards Would Present Irrational Risks

So I guess if we add the Napster logic and the Intel logic (who are on opposite sides), Napster can't innovate if Grokster can, but Intel can't if Napster can. Who is the real inventor among us? Answer can be found in:

IV. D. The Entertainment Industry Is Resilient and Has Historically Innovated Effectively to Meet the Market Challenges Posed by New Technologies

So everybody can innovate, it's just that entertainment industry hasn't found its true invention yet (I guess that would exclude the "new" Napster)