Peer-to-Peer File Sharing and Copyright (fwd)

Ian Welsh
Sun, 24 Mar 2002 02:16:47

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<P>Go to an internet cafe that accepts cash and upload from there.&nbsp; Walk away and never go to that cafe again.&nbsp; Sad that it's come to that though.</P>
<DIV></DIV>CC:, forkit! <FORK@XENT.COM>
<DIV></DIV>Subject: Peer-to-Peer File Sharing and Copyright (fwd) 
<DIV></DIV>Date: Sat, 23 Mar 2002 16:47:41 +0100 (MET) 
<DIV></DIV>-- Eugen* Leitl <A href="">leitl</A> 
<DIV></DIV>ICBMTO: N48 04'14.8'' E11 36'41.2'' 
<DIV></DIV>57F9CFD3: ED90 0433 EB74 E4A9 537F CFF5 86E7 629B 57F9 CFD3 
<DIV></DIV>---------- Forwarded message ---------- 
<DIV></DIV>Date: Sat, 23 Mar 2002 13:50:53 +0000 
<DIV></DIV>Subject: Peer-to-Peer File Sharing and Copyright 
<DIV></DIV>To follow-up on Tim's comments about the safety to be had from 
<DIV></DIV>publihsing p2p software anonymously, and the risks of not doing so, 
<DIV></DIV>this is an interesting analysis of the topic by Berkeley Centre for 
<DIV></DIV>Law &amp; Technology lawyer Fred von Lohmann, hosted by EFF. 
<DIV></DIV>IAAL: Peer-to-Peer File Sharing and Copyright Law after Napster 
<DIV></DIV>The discussion of contributory and vicarious copyright arguments is an 
<DIV></DIV>eye-opener (the full paper goes into more detail). My conclusion 
<DIV></DIV>after reading this (well before also actually, but it re-enforced the 
<DIV></DIV>view) is that the safest and simplest thing to do is to just publish 
<DIV></DIV>such software anonymously. 
<DIV></DIV>Ian Clarke of freenet has a lot to say about copyright vs freedom of 
<DIV></DIV>He's right there is a conflict between anonymous censor-resistant 
<DIV></DIV>publication systems and as I've said a number of times over the years, 
<DIV></DIV>I figure sooner or later DMCA, WIPO et al are going to run into 
<DIV></DIV>remailers, and p2p systems designed for publisher anonymity; and then 
<DIV></DIV>we're likely to see a head on battle ala USG against strong crypto, 
<DIV></DIV>but with the battle between freedom-of-expression and anonymous 
<DIV></DIV>publication systems and copyright. Ultimately there isn't room for 
<DIV></DIV>both strong anonymity and strong copyright enforcement, it's another 
<DIV></DIV>binary choice. Already we're seeing battles between copyright 
<DIV></DIV>enforcers where the strong-copyright lobby has the staggering hubris 
<DIV></DIV>to attempt to outlaw general purpose computers without copyright 
<DIV></DIV>enforcement hardware builtin. 
<DIV></DIV>If I recall there was a brief skirmish between a remailer operator and 
<DIV></DIV>SPA (software publishers association -- the bit police for software 
<DIV></DIV>bits) when someone anonymously constructed some "designer abuse" and 
<DIV></DIV>then themselves reported it to the SPA in an attempt to shut-down the 
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