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 ...
Unanimous decision. I'm speechless.
Jeez. They sure do know how to protect the monied interests in this country.
You are wrong.
They are completley overturning Betamax, which said TECHNOLOGY is not at fault. People are.
With file-sharing, they are ruling that people are not responsible, but that technology that can be used for legal purposes IS THE PROBLEM.
It seems like they've based their decision on evidence of Inducement. A few changes -- some which have already been made -- and file-sharing will likely continue unabated.
Your Internet Explorer could be used to share files and break the law.
Will it be taken down?
What about your DVD player?
I call on Congress to start impeachment proceedings.
They can't even get one decision right.
Exactly, and we now live in a corporatist state.
We no longer have a capitalist economy or individual rights as defined by limits on the state.
(Is this covered under the Patriot Act?)
Do they know what a computer is?
YES we can!
The ruling is a dangerous corruption of Betamax and will stunt innovation and have a horrible effect.
A few changes won't cut it.
Is it a majority vote in Congress?
Yes; then 2/3 vote in the senate to convict.
I believe so. If the ball would start rolling I almost think at least the House would have enough votes to do it...not the Senate though.
The Supreme Court has done more damage to this country in the last than Bin Laden could ever dream of doing.
I am contacting my Senator now.
I know he'll listen.
actually i just see it as a reversal of a summary judgment and a sending back to trial.
It now goes before a JURY.
It will now rest on a pannel of citizens who may or may not be fooled by a bunch of lawyers.
If anyone is so worried SERVE ON JURY DUTY when your turn comes up.
Actually, doesn't this mean that FR can be sued for abetting 'theft' when people post articles from other places they're not suppose to?
So it has to be the House and Senate that impeach?
Or just the House?
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