[FoRK] Rip. Mix. Burned.

Tom Higgins tomhiggins
Mon Jun 27 20:55:15 PDT 2005

Time and again we have seen the underground reaching for mainstream
ability, which is not noble or just but rather idiotic and , to state
is as hopster portlanders would put it, botarded.

Dig, sharing copyrighted works is not legal. Not if you do it from the
trunk of your car, not if you do it from the ISS, not if you do it
from a colo'd box across town.

Which is why there is copyleft, ccl, gpl, and public domain.

Which is why darknets, back channels, hand off luncheons and lan parties exist.

Do we now see the methods and the tools blur? What is an software app,
are a set of webpages with cgi an app? What about the protocols and
infrastructure that makes all this possible. Does this open up the
"Industry's" wet dream of forcing a remake of the Interweb(tm) into a
controlled toll gated revenue stream and distribution chain with all
the controls they had before the genie got out of the bottle and did
the belly button dance of freedom?

Example of fouled usage and bringing the shit house down on a good
thing... Webjay.org (don't shoot me Lucasan:)- )

Here is a place to post cool audio and video bits in containers of
likeness called play lists. The links in the play list point to the
videos or music on the servers of the creators, maintainers or mirrors
who have a right (under ccl, gpl, pd etc) to do so. So far so good.
Now some kaza orphan comes along and starts making play lists of
copyrighted works that fall under the aegis of the RIAA that are
housed on kazakidz friend down the block who just realized winblows
has a web server.

Whats the legal footing for webjay? Are they inducing folks to
download the copyrights RIIA covered works by making it easy to both
list and grab? Is linking tied up in all this or does it then go down
to the source of the link? Webjay does some mothering of the lists, is
this enough to cover them as doing due diligence and thus they are not
seen as primarily a clearinghouse for warezing?

So many questions, and this is just one case of indirection via
published playlists.

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