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Judge: File-swapping tools are legal !!!!
CNET ^ | 4/25/2004 | John Borland

Posted on 04/25/2003 11:59:07 AM PDT by ArcLight

A federal judge in Los Angeles has handed a stunning court victory to file-swapping services Streamcast Networks and Grokster, dismissing much of the record industry and movie studios' lawsuit against the two companies. In an almost complete reversal of previous victories for the record labels and movie studios, federal court Judge Stephen Wilson ruled that Streamcast--parent of the Morpheus software--and Grokster were not liable for copyright infringements that took place using their software. The ruling does not directly affect Kazaa, software distributed by Sharman Networks, which has also been targeted by the entertainment industry.

"Defendants distribute and support software, the users of which can and do choose to employ it for both lawful and unlawful ends," Wilson wrote in his opinion, released Friday. "Grokster and Streamcast are not significantly different from companies that sell home video recorders or copy machines, both of which can be and are used to infringe copyrights."

(Excerpt) Read more at news.com.com ...


TOPICS: Breaking News; Culture/Society; News/Current Events; Technical
KEYWORDS: grokster; morpheus; peertopeer; techindex
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To: AndyTheBear
Perhaps the ruling, per se, is a good thing. But I'm almost all alone here arguing that the trend of "free music" is bad, so I feel like I should keep making the case.
101 posted on 04/25/2003 12:59:54 PM PDT by The Old Hoosier (Right makes might.)
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To: a_Turk
you nailed it- I wish I could be that succinct
102 posted on 04/25/2003 1:00:48 PM PDT by Mr. K (I'm formidable with that)
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To: rwfromkansas
It's not that simple. If you care about property rights, you should care about this issue.
103 posted on 04/25/2003 1:01:01 PM PDT by The Old Hoosier (Right makes might.)
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To: rwfromkansas; The Red Zone
Ah dang.......the 9th circuit liberal bastards will rule against the software.

And like every other improper ruling the 9th makes, it will be overturned.

104 posted on 04/25/2003 1:01:49 PM PDT by Timesink
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To: nina0113
The music industry's handling of this issue is kind of like hos the Chinese govt. dealt with the SARs thing, ain't it? They didn't get on the problem with the approach that would have worked, now they have to deal with a pandemic. I don't feel sorry for either.
105 posted on 04/25/2003 1:02:48 PM PDT by coydog
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To: GraniteStateConservative
Totally. Which is why I don't consider it theft when I download a song using Gnutella. These leftists are so anti-property rights, unless their ox is being gored, they don't care.

Maybe if they'd let people pay to download one song, instead of forcing people to buy the whole album at $18, people would stop downloading stuff for free.
106 posted on 04/25/2003 1:02:50 PM PDT by Henrietta
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To: The Old Hoosier
Well ever since mp3.com I've very rarely listend to let alone bought any of the "mainstream" music. Most if it STINKS. It's overproduced garbage and that's why the industry is in trouble.

My favorite music site at the moment is REALLY COOL! It's amatuers but a heckuva lot of fun! AND NO ONE CAN STOP US!

Check out...

www.darertosing.com

But beware anything by willbill aka...

prisoner6

107 posted on 04/25/2003 1:03:53 PM PDT by prisoner6 ( Right Wing Nuts hold the country together as the loose screws of the left fall out!)
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To: ArcLight
Time to go rip some MP3 cds.
108 posted on 04/25/2003 1:05:17 PM PDT by finnman69 (!)
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To: Sloth
Man Beethoven was an idiot then...:)
109 posted on 04/25/2003 1:06:59 PM PDT by rwfromkansas (God Reigns!)
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To: mvpel
Then why do they keep popping up on TV complaining about Kaaza and grokster but not their own bosses raping them?
110 posted on 04/25/2003 1:10:04 PM PDT by smith288 (Thats right, Christianity is exclusive, you have to love animals to be in PETA, is that exclusive?)
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To: rwfromkansas

Order granting defendants' motions for summary judgement (PDF, 1.4MB)


111 posted on 04/25/2003 1:11:02 PM PDT by Timesink
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To: ArcLight; *tech_index; Sparta; freedom9; martin_fierro; PatriotGames; Mathlete; fjsva; grundle; ...
Getting interesting!

OFFICIAL BUMP(TOPIC)LIST

112 posted on 04/25/2003 1:12:09 PM PDT by Ernest_at_the_Beach (Where is Saddam? and where is Tom Daschle?)
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To: js1138
WHile that is true, it will serve to increase file swapping activity. IMHO

This will not directly affect users who actually download the files, or who offer copyrighted material to be uploaded.
113 posted on 04/25/2003 1:15:47 PM PDT by MattGarrett
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To: TommyDale
I know. I have them, e.g. Waves Plug-ins. They do wonders for automated PC mixing. I was speaking about tracking. It still requires lots of money to get really good preamps, compressors and limiters to record the tracks in the first place. Particularly good preamps and limiters for drums. I can't afford the good stuff. I use relatively inexpensive preamps on my Yamaha 01V digital mxer which work for home use and demos but I can hear the difference. But many of these kids probably can't tell the difference.
114 posted on 04/25/2003 1:16:00 PM PDT by plain talk
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To: Henrietta
I have a huge collection of tv shows on my comp (since I don't get cable tv in my dorm room this year; they put in high speed internet to replace it and are in the bidding process to put it back in). I have looked online, but have not been able to buy these shows in video format. I don't consider this stealing to find a them on Kazaa or elsewhere and download them when the shows aren't even running on tv anymore in many cases.

I just wish I could find the Bob Newhart show online somewhere (the late 80's one). There is no company I find selling the shows and they are no longer aired in America anywhere. I remember that show from my young childhood, so that is more of a sentimental thing, but it was a very funny program.

As for my songs, I like being able to put together a collection of songs I like. The RIAA rips of artists in the end anyway, so I am not depriving them of much money by not buying one cd. I get tired of blowing 14 bucks on a CD that only has 1 song I want on it. And I often want the songs released to radio as singles, but I never can find these singles in the stores even when they are supposedly offered as ones. Often these mp3 copies have places where the copy messed up or something briefly, so they are not perfect and therefore, not a true copy of the original song. Because of this, I also do not consider it stealing. Especially since somebody else paid for it and voluntarily is letting me copy it (like I could copy a copy pages of a book they have or something).
115 posted on 04/25/2003 1:16:28 PM PDT by rwfromkansas (God Reigns!)
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To: ArcLight
"Grokster and Streamcast are not significantly different from companies that sell home video recorders or copy machines, both of which can be and are used to infringe copyrights."

see this is the 80's logic I love...if everybody is doing it, then let's make it legal.

116 posted on 04/25/2003 1:17:16 PM PDT by patriot_wes
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To: smith288
They are slaves; they can't get out.

The more courageous artists are speaking out against the industry pilfers.
117 posted on 04/25/2003 1:17:40 PM PDT by rwfromkansas (God Reigns!)
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To: Billy_bob_bob
Especially when the studios and record companies could just adopt an HBO-style model.

Imagine ... would some people pay $12 a month for file sharing of music and movies? YOU BET.

So, rather than a potential revenue stream, the RIAA and MPAA are shooting themselves in the foot just to make a point.

Then Porn will adopt it, make millions, and then they'll do it anyway.
118 posted on 04/25/2003 1:18:00 PM PDT by MattGarrett
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To: finnman69; All
I'm kind of dismayed that everyone is greeting this news by running around saying yay, let's share some more copyrighted songfiles. That's like saying yay, let's send out a bunch of photocopies of the latest Sports Illustrated because home copiers are OK.
119 posted on 04/25/2003 1:18:30 PM PDT by The Red Zone
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To: George W. Bush
You may be interested in this.
120 posted on 04/25/2003 1:19:33 PM PDT by rwfromkansas (God Reigns!)
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