Discussion Forums

PrevPrev Go to previous topic
NextNext Go to next topic
Last Post 6/29/2005 5:01 PM by  sweetie
US filesharing law change
 3 Replies
Sort:
You are not authorized to post a reply.
Author Messages
sweetie
Basic Member
Basic Member
Posts:132


--
6/29/2005 5:01 PM
    http://www.nme.com/news/112833.htm Apparently courts in the US have ruled that the creators of p2p programs are now liable for their illegal use aswell as the users. Don't know if it applies to makers ofcd and dvd burners though. What do ye think?
    Binokular
    Veteran Member
    Veteran Member
    Posts:1665


    --
    6/29/2005 5:16 PM
    I'm afraid the NME has got the wrong end of the stick as usual, most of the coverage of this case has actually been pretty ill-informed. Creators of P2P programs are not being held responsible for illegal file sharing for merely creating P2P software. The ruling centres around the intent behind the creation of the software and the behaviour of the softwares' creator. If it can be proven that the software was created with the intention of illegal file-sharing in mind or promoted as such, then the author will be held liable. P2P technology in itself is not illegal and has many legitimate uses. For slightly more informed (though a bit long and boring) coverage see: http://www.theregister.co.uk/2005/06/27/supremes_punt_on_grokster/
    Unicron
    Veteran Member
    Veteran Member
    Posts:1696


    --
    6/29/2005 7:35 PM
    Essentially it's toothless ruling, no P2P network in it's right mind advertised themselves explicitly with the equivalent of a "STEAL CHOONS HERE" banner. There's a difference in actively encouraging copywrite infringment and just not doing anything to stamp it out.
    Binokular
    Veteran Member
    Veteran Member
    Posts:1665


    --
    6/30/2005 1:19 AM
    quote:
    Originally posted by Unicron There's a difference in actively encouraging copywrite infringment and just not doing anything to stamp it out.
    "not doing anything" can land you in trouble too if you become aware of it and don't take reasonable means to stop or discourage it. Inaction can be interpreted as inappropriate behaviour. The ruling means that while the technology remains completely legal, authors of such software can't simply deny all responsibility for their creations. Basically, as another Register article posted today states, P2P authors can no longer use the Werner von Braun defence - "The rockets go up / who cares where they come down / That's not my department / Says Wernher Von Braun". http://www.theregister.co.uk/2005/06/29/after_grokster/
    You are not authorized to post a reply.