Posted on 06/27/2005 7:46:07 AM PDT by mathprof
Internet file-sharing services will be held responsible if they intend for their customers to use software primarily to swap songs and movies illegally, the Supreme Court ruled Monday, rejecting warnings that the lawsuits will stunt growth of cool tech gadgets such as the next iPod.
The unanimous decision sends the case back to lower court, which had ruled in favor of file-sharing services Grokster Ltd. and StreamCast Networks Inc. on the grounds that the companies couldn't be sued. The justices said there was enough evidence of unlawful intent for the case to go to trial.
File-sharing services shouldn't get a free pass on bad behavior, justices said.
"We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by the clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties," Justice David H. Souter wrote for the court.
At issue was whether the file-sharing services should be held liable even if they have no direct control over what millions of online users are doing with the software they provide for free. As much as 90 percent of songs and movies copied on the file-sharing networks are downloaded illegally, according to music industry filings.
The entertainment industry said it needed protection against the billions of dollars in revenue they lose to illegal swapping. Consumer groups worried that expanded liability will stifle the technology revolution of the last two decades that brought video cassette recorders, MP3 players and Apple's iPod.
(Excerpt) Read more at news.yahoo.com ...
This is now officially the Anti-Liberty Court.
Another bad ruling. Please let it stop!!
BASTARDS!!
THIS IS TOTAL BS!!!
Why not just declare eminent domain over the internet. Hillary will let us know when we can check our email.
Do any of these fogies actually use a computer?
boy howdy...what a bitch-court!
Another major decision against the interests of the public and for big government and big business.
The courts are out of control.
I move for impeachment!
It is possible to impeach justices isn't it?
USSC 2005:
Ten Commandments = Bad
Government tearing down your house to build a strip mall = Good.
Unbelievable.
Say goodbye to Betamax and the idea that PEOPLE are guilty, NOT TECHNOLOGY.
THEY WILL SAY GUNS ARE ILLEGAL NEXT SINCE GUNS ARE RESPONSIBLE, NOT THE PEOPLE.
Unbeliable.
Better not use your VCR or DVD to record anything.
Just sick.
No one should be surprised. This court is corportist, not capitalist.
This is a complete and utter reversal of Betamax.
This decision is 100 times more devastating than the Ten Commandments rulings.
Truly just stunning.
No, the court is socialist.
Souter wrote the opinion- what were the votes for each Justice?
next ruling:
"guns kill, not people. gun manufacturors held liable for all gun related deaths."
**sigh**
Well, forget about developing new networking applications - if it can even remotely be used to transfer movies or music, it'll be shut down instantly.
NOT that I support the pirates, but this decision to me is the same thing as sueing Smith & Wesson if a bank robber uses a gun to rob a bank - I guess the law of the land is that if you make something that can be abused, you're liable - so, if I get hit by a drunk driver who drives an Explorer, I can sue Ford for selling him the car, and making it available to him to abuse.
Who do you talk to if you want to become a citizen of New Zealand?
Well I hope you're happy now that an auto manufacturer can be sued because they made the car used as a getaway vehicle in a bank robbery.
Bingo.
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