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 ...
Yeah seriously, besides the 3rd... which of the Bill of Rights is intact?
The Supreme Court has done more damage to this country in the last week than Bin Laden could ever dream of doing.
Inhofe?
The House impeaches, the Senate conducts the trial (unless they decide to abandon their Constitutional responsibility entirely, as in 1998).
Impeach all but Rhenquist, Thomas, and Scalia. Rhenquist is gonna retire, so that leaves two. Clone them and fill the court...
/fantasy
The standard expressed by the court was that there had to be a "clear expression" of intent or other conduct to "foster infringement", which it found threshold evidence of in this case. Does anyone know what that threshold evidence is? It's probably laid out in the case, which I haven't read.
The key to how bad this is going to be is how little or much evidence there there needs to be to make the threshold.
Correction:
I'm contacting both my Senators.
Inhofe and Coburn!
Check out what my other Senator is up to....
http://www.freerepublic.com/focus/f-news/1430565/posts
Be glad that this court didn't get to see a gun case.
This is NOT about theft, so you can get off yer high horse.
This is about LEGITIMATE networking protocols, the same as the ones that are shipped in the OS you are using RIGHT NOW. Under this ruling Microsoft can be held liable, because they "aided and abetted" the theft of copyrighted music.
The P2P nets are used for a LOT more than just downloading music and movies illegally, they are used by corporations for file sharing, I know of several online games that use it to process patches to the games, and the weath of knowledge as P2P networks move forward enriches us ALL, as the technology grows. Yes, people are abusing it - but now we'll get *zero* growth, because who in their right mind would invest in ANY new file sharing technologies, when this ruling give Hollywood and the music industry carte blanche to shut you down in a microsecond? Have you no idea how this ruling is going to be applied across other technologies as well? A user rips off a movie with his Tivo unit - Tivo gets sued out of existence.
This is BAD. Very, very, very bad.
>>As far as I am concerned, I don't care how they get nailed
While I'm sympathetic to your situation, and I believe very strongly in intellectual prpoerty rights myself, we should all care very much HOW someone gets nailed. Our own liberty may depend on it.
I'd love to see either one of these guys as President someday...
Oklahoma voters have their heads on straight to elect two real patriots like Coburn and Inhofe to the Senate.
Thank you for explaining that to him.
Lawsuits will be the death of this country.
And this ruling is like saying that, if I were to use the Pennsylvania Turnpike to get away from a bank robbery, that the Turnpike Authority can be sued for it.
unanimous 9-0 opinion!
Bastards again!!! I'll download more and more files...
It could very well be a means to shut down a site like FR - make it to where ISPs won't take the risk of a site engaging in fair use, and block it.
I tried to tell people over a year ago that such a ruling like this was dangerious to FR, but nobody would listen and some even said I was wrong.
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