Posted on 08/19/2004 1:59:49 PM PDT by expat_panama
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Thu, Aug 19, 2004 By Ben Berkowitz LOS ANGELES (Reuters) - A federal appeals court on Thursday delivered a stinging blow to the anti-piracy efforts of major movie studios and music companies, ruling that several online file-sharing software companies are not liable for copyright infringement. The three-judge panel of the U.S. 9th Circuit Court of Appeals found in favor of Grokster Ltd., among others, and held the relief from piracy sought by the movie and music studios would amount to a renovation of the existing copyright standards, which the court called "unwise." In a nod to the rapid changes in the online media industry over the last few years, the judges further said history has proven that with new technology, markets have a way of correcting themselves. "Thus, it is prudent for courts to exercise caution before restructuring liability theories for the purpose of addressing specific market abuses, despite their apparent present magnitude," the judges wrote in their opinion. At stake in the dispute are future revenues in the expanding market for digital downloads of movies and music, a business the record labels have now embraced and the movie studios have begun to explore in earnest. The music industry has suffered through a sales slump in recent years and blames much of that on illegal file sharing, although file sharers blame bad music. The movie industry, through the Motion Picture Association of America, claims analog piracy -- such as illegal copying of videotapes -- costs it some $3.5 billion a year and is concerned that digital piracy will do far more harm. FILE SWAPPERS ELATED The MPAA, which represents the movie studios, was not immediately available to comment, nor was the Recording Industry Association of America (news - web sites), which represents the record labels. The Distributed Computing Industry Association, which represents a broad range of file-sharing companies, including Grokster, greeted the court's ruling with elation. "It is time for litigation and legislative upheaval to be supplanted by commerce," the association said in a statement. At issue was whether the defendants were liable for knowing of and contributing to copyright infringement, whether they gained and if they had the authority over infringing parties. The court found the defendants did not materially contribute to copyright infringement and that "the sort of monitoring and supervisory relationship that has supported vicarious liability in the past is completely absent" here. In arguments to the court in February, the studios and record companies said Grokster and others should apply software filters to block online swaps copyrighted work, but the services said doing so would effectively shut them down. After the music industry was rocked by the now-legendary file-sharing service Napster (news - web sites) (which has since been reborn as a legitimate platform), the entertainment community began looking more actively for ways to securely sell their wares online. Perhaps the most successful such effort has been the iTunes Music Store from Apple Computer Inc. (Nasdaq:AAPL - news), which has sold more than 100 million music downloads to date. Given their large file sizes, movie downloads have not been as popular to date, but that is expected to change as high-speed broadband connections become more widely used. (Additional reporting by Bob Tourtellotte) |
I.e. we're gonna let the legislatures legislate about this. Stunning idea.
Maybe the RIAA can try to make money by, hmmm... I don't know, maybe by MAKING DECENT MUSIC for a change?!
Wow. Finally a reasonable ruling out of these clowns. I am shocked.
I personally have not bought one CD since the RIAA went on its turbo-fascist rampage and killed Napster. The MPAA gets equally little sympathy.
Just damn.
If you want on the list, FReepmail me. This IS a high-volume PING list...
If the music is so bad, then why do file sharers steal so much of it?
guess Metallica will have to go back to working at the
car wash.
That's a good question and the answer is that the music industry sells overpriced albums filled mostly with filler while the file sharers "steal" (your characterization) "A" sides of (nonexistent) singles. "85% of everything is crap", once said Theodore Sturgeon.
The only thing I have seen was an article stating that the Academy won't bar the film from competition because the broadcast was "not" authorized. I have my doubts; the director reportedly was okay with people downloading this film and getting it out to the masses.
If ISP's were liable for file sharing, then they'd have to be also liable for html and email enclosures. Truly bonkers.
Feel free to substitute whichever term you want for the word "steal". But I've always considered it to be an accurate description of what occurs when somebody acquires a product or service for their own use without paying an agreed-upon price to the producer and/or rights-holder for it.
IOW, technology changes faster than new laws can be Hatched.
I used Kazaa lite to download farenheit 911. No way I'm paying moore.
The movie was not funny, btw. At least not if you've matured beyond middleschool.
>>If the music is so bad, then why do file sharers steal so much of it?<<
Because they can. I sample maybe 10% of what I download, and keep only a fraction of that. Plus, being an old guy, most of what I keep has been out of print for some time. When I DID buy stuff, it was from the used record stores. The only reason I download any more is to learn songs for my cover band, which already pays fees to play the covers.
Most people download just for the thrill of it and then tire of it eventually.
Who said they're necessarily stealing. People who have paid for content on CD or cassette will logon to a service and download digital copies of stuff they already have and burn them to cds, etc. The industry wants to be able to resell to people in most cases, something they've already paid for once. Screw 'em.
Because they can.
Bingo. I myself have always been a member of that "just because I CAN do something doesn't necessarily mean that I WILL do it" camp. Since I find it hard to shave without looking at myself in a mirror to get the nooks and crannies, I guess I'll just keep writing checks when it comes to filling up my hard drive with music.
Did you know that the only individuals the RIAA has pursued legally are those that allow uploading from their hard drive?
If I ever download a piece of music that I would have bought, I will send a check. For example, I have downloaded several videos from Pink Floyd's Pulse. I have alse checked the video store every month for two years for dvd availability. I also used to own it on laserdisc before it got thrown in the trash over a divorce.
I feel no guilt downloading any of those videos or the mp3's. None whatsoever.
I did. But that's just me.
People who have paid for content on CD or cassette will logon to a service and download digital copies of stuff they already have and burn them to cds, etc.
Why would anyone download content they already have on a CD? Were I so inclined to do so, my plain-vanilla computer could easily rip any track on a CD and put said track onto my hard drive for my private use. My CD player holds (and has) 300 disks, and that's pretty much what I use as far as music at home.
And as for tracks on cassette, do you also feel that Ford should be legally obligated to give you a brand-new 2005 pickup for free if the engine blows up in your primer-colored 1971 F-100?
The industry wants to be able to resell to people in most cases, something they've already paid for once.
Which, in my opinion, is something that they're entitled to do since they're the copyright holder. Those who don't agree or can't meet the copyright holder's terms for use of their product shouldn't be consuming the copyright holder's product.
Screw 'em.
No thanks.
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