[FoRK] Rip. Mix. Burned.
Ian Andrew Bell FoRK
Mon Jun 27 13:50:20 PDT 2005
Under the "it may not be as bad as it seems category" this judgment
implicates not necessarily P2P networks in general, but in fact those
that encourage music and movie sharing over their networks. The
effect, however, will be that such networks have to weigh the cost
and possibility of a volley of pre-emptive lawsuits by Hollywood, and
anyone designing devices had better consider whether their omission
of DMCA-approved copyright protection constitutes "encouragement".
So the message from the Supreme Court seems to be that music and
movie sharing is legal, so long as consumer electronics and PC
hardware and software makers collude to make it difficult to do.
This is an important hole which will be exploited in the long run by
By my interpretation of this judgment, companies like Apple could be
sued for products and campaigns like their 2001 "Rip. Mix. Burn."
campaign.. which drove the music industry crazy.
In America, anyway, this will further perpetuate the entertainment
industry's collective denial of the elephant in the bathroom, and
make their eventual decline and demise that much more rapid when the
June 27, 2005 - Court Rules File-Sharing Networks Can Be Held Liable
for Illegal Use
By LORNE MANLY
The United States Supreme Court ruled unanimously today that Internet
file-sharing services like Grokster and StreamCast Networks could be
held responsible if they encouraged users to trade songs, movies and
television shows online without paying for them.
The case, which pitted the entertainment industry against technology
companies in the continuing battle over the proper balance between
protecting copyrights and fostering innovation, overturns lower court
decisions that found the file-sharing networks were not liable
because their services allowed for substantial legitimate uses. The
justices said there was enough evidence that the Web sites were
seeking to profit from their customers' use of the illegally shared
files for the case to go back to lower court for trial.
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