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 ...
True.
I will continue to download music and be even more brazen about it partly due to this ruling.
There is nothing "supreme" about this court.
"This is now officially the Anti-Liberty Court."
Yep. They don't even meet Betamax standards.
How pathetic. And yet the GOP sits on its hands. The President grins.
Bump to that.
If you have to be a top law school graduate to think like these people do, we should close up the law schools. Based upon what I saw at a recent law school graduation, that is a fine idea generally.
"But it all falls on a single word: Intent."
That is an issue of this ruling. Intent is my only concern and thank you for bringing that up. "Intent" will be perverted to mean anything a prosecutor looking for fame or fortune needs.
The word 'fascist' has been so wrongly used by leftists that it is cliche to use it.
(sarcasm) Yes, like all drug users intend to sell drugs.
Like all guns owners intend to commit murder.
Like all taxpayers intend to cheat on their taxes.(sarcasm end)
If government treats citizens like they are born criminials, then citizens will consider government to be filled with nothing more but tyrannts.
Definately. Trust is good even if not perfect. Kinda like enforcing our current immigration laws. They would have enough impact to reduce illegal immigration to trickle, a trickle that is tolerable. It would never be perfect, but even a totalitarian state would not completely prevent illegal immigration.
Without trust both ways from the citizens and the government there is war/revolution.
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